Objection to the notary's executive order on debt collection
Notary public Dabysova Gulnaz Kuanyshovna
Almaty, Bostandyk district,
245 E. Serkebaev Ave., building 2, office 213
Phone: 8 7017173690
e-mail: dabyssova@gmail.com
from the Debtor: F-oh A-y Askhatkyzy
IIN .........,
Almaty, Bostandyk district,
247 R... street, building 6,
sq. 245
phone: 8707...
Objection
on the executive inscription No. 4165 dated September 19, 2025
On September 19, 2025, I received Executive Order No. 4165, which was issued by you on September 19, 2025.
It follows from the text of the executive inscription that you have established the amount owed by J.A.A. (hereinafter referred to as the Debtor) to BI Clients Service 2 LLP (hereinafter referred to as the Recoverer) for the period from 06/01/2025 to 09/01/2025 in the amount of 43,488 tenge, as well as the costs incurred by the Recoverer for the execution of the executive inscription in the amount of 6,688 tenge. The total amount to be recovered is KZT 50176.
The Debtor does not agree with the executive inscription, for the following reasons:
The executive inscription does not contain any information about the legal relationship between J. A.A. and BI Clients Service 2 LLP, from which the Debtor incurred the above-mentioned debt to the Recoverer.
According to clause 6) Clause 2 of Article 92-1 of the Law of the Republic of Kazakhstan "On Notaries", debt collection is carried out on the basis of an executive inscription according to the following indisputable requirements:
on debt collection from owners of apartments, non-residential premises, parking spaces, storerooms, evading contributions defined by sub-paragraphs 7), 8), 9), 10) and 11) paragraph 5 of Article 42 of the Law of the Republic of Kazakhstan "On Housing Relations".
According to the executive inscription, the debt was collected for the period from 06/01/2025 to 09/01/2025.
92-1 of the Law of the Republic of Kazakhstan "On Notaries", the debt is collected from the apartment owner.
According to Part 1 of Article 429 of the Civil Code of the Republic of Kazakhstan, the right of ownership ceases when the owner alienates his property to other persons.
I have alienated real estate, which is indicated in the executive inscription – Almaty, Gagarin ave., 245, sq. 73 (now E. Serkebayev Ave., 97, sq. 73) on the basis of a Purchase and Sale Agreement dated June 5, 2025. The contract was registered with the registration authority on June 5, 2025.
Thus, I could not have formed a debt to the Recoverer for the period from June 1, 2025 to September 1, 2025, since my ownership of the apartment was terminated on June 5, 2025, and I am no longer the owner of the apartment. Moreover, on June 25, 2025, I paid for the services of the Claimant in full.
The above arguments are confirmed by: the Purchase and Sale Agreement dated 06/05/2025, the notification of the branch of NAO "State Corporation "Government for Citizens" in Almaty dated 06/05/2025, the receipt of payment for June 2025, the decree on the renaming of streets dated 05/30/2025.
In accordance with paragraph 2 of Article 92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), debt collection is carried out on the basis of an executive inscription or a corresponding resolution.
In this case, the Claimant's claim is not indisputable.
Also, the debtor did not receive a pre-trial claim in accordance with the requirements of the norms of Articles 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan, which stipulate that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff does not comply with the pre-trial procedure established by law for this category of cases, if the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this order has not been lost and preserved.
Due to the failure of the Recoverer to fulfill the obligations stipulated by the legislation, the Debtor has the opinion that the actions of the Recoverer are aimed at seizing property through deception and abuse of the Debtor's trust.
In accordance with paragraph 2 of Article 92-6 of the Law of the Republic of Kazakhstan "On Notaries", the debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription.
In accordance with paragraph 1 of Article 92-8 of the Law of the Republic of Kazakhstan "On Notaries", the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance.
Based on the above, in accordance with paragraph 2 of Articles 92-6 of the Law of the Republic of Kazakhstan "On Notaries", I request:
- to cancel the executive order No. 4165 dated September 19, 2025 on the recovery of the amount of debt from the Askhatkyzy Railway Station in favor of BI Clients Service 2 LLP in the amount of 50176 tenge.
Appendix: a copy of the purchase and sale agreement dated 06/05/2025, notification of state registration, receipt of payment for June 2025, resolution on renaming Gagarin Ave. to E. Serkebaev Ave.
September 19th, 2025 ____________ Well, A.A.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
