PRE-TRIAL CLAIM FOR DEBT COLLECTION

 

 

S. V.T.

IIN .

+7 775 . …..

Shymkent, 551 K.. street.

from: A.LTD LLP

BEAN .

Republic of Kazakhstan, Shymkent, O. str., 47, n.p. 2

+7 702 ….

Representative by proxy:

Law and Law Law Firm

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

                                                             +7 708 578 57 58; + 7 727 971 78 58.

 

 

PRE-TRIAL CLAIM

 

On March 26, 2024, you issued a Receipt, where the essential conditions of the receipt are the fact that you personally received it from "A" LLP.M" funds in the amount of 2,049,000 tenge and were not deposited at the cash desk of A.E LTD LLP. In the receipt, you pledged to return the funds in the amount of 2,049,000 tenge by May 31, 2024.

This receipt corresponds to clause 1 of Article 151 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized).  

Thus, you are causing real material damage and losses to the partnership. In these circumstances, we require you to return the amount owed on the receipt in the amount of 2,049,000 tenge as soon as possible.

However, to date, more than one month has passed since receiving the amount, thus you have not fulfilled the obligation properly.

A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.

          Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing the amount by deception and abuse of trust, which falls under the criminal liability of art. 190 Fraud, that is, theft of someone else's property or acquisition of the right to someone else's property by deception or abuse of trust, art. 195. Causing property damage by deception or abuse of trust, art. 188 Theft, that is, the secret theft of other people's property, of the Criminal Code of the Republic of Kazakhstan.

We hereby invite you to voluntarily return the funds in the amount of 2,049,000 tenge by June 06, 2024. If you do not repay the debt on the receipt within the specified period, we reserve the right to apply to law enforcement agencies and further to the court on this issue. As well as to recover the amount of material (damages and penalty, Article 351 of the Civil Code of the Republic of Kazakhstan), as well as representative services in the amount of 500,000 tenge and apply to other competent authorities.

According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.

152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.

We hope for your mutual understanding and that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

 

 

With respect,

Director:                                                  ___________/ S.V.Pr.

 

                 

        "___" _______________2024 the year

 

 

 

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