The petition for the transfer to the consideration of the case according to the rules of claim proceedings
Bostandyk District Court of Almaty
To Judge Alpieva N.B.
Almaty, Bostandyk district,
mkr. Orbita 2, 20a.
+7 727 ......
from the Defendant: A.A.
IIN .
Almaty, mkr K. 47, kv 15.
+7 747 ..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
The petition
on the transition to the consideration of the case according to the rules of claim proceedings
You have a Civil case No. 7514-24-00-2/11087 pending against the plaintiff, K.M.A. IIN. (hereinafter referred to as the plaintiff) to A.A. (hereinafter referred to as the defendant) for debt collection under the agreement.
The judge sent a letter to me dated 06/12/2024 requesting a response to the Claim for debt collection under the contract before 06/25/2024. In addition, this Claim was accepted by the court and the court determined that the civil case should be considered in a Simplified written manner in accordance with Chapter 21 of the CPC RK.
In accordance with paragraph 3 of art. 267-1. of the CPC RK, the Court proceeds to consider the case according to the rules of claim proceedings, as indicated in the ruling on the preparation of the case for trial, if: 1) a request has been filed by the party; 5) it is necessary to inspect and examine the evidence at its location, appoint an expert examination or hear testimony; 6) it is necessary to clarify additional circumstances or examine additional evidence.
The defendant does not agree with the plaintiff's claims because she did not have the opportunity to familiarize herself with the subject of the statement of claim, the nature and size of the plaintiff's claims and collect the necessary materials to protect her interests. Since the amount claimed does not correspond to the actual amount of the balance. The court will also announce the application of the statute of Limitations.
In addition, the pre-trial procedure for resolving the case was not settled between the parties in accordance with the norms of Articles 152 and 279 of the CPC RK and Article 402 of the Civil Code of the Republic of Kazakhstan, providing 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, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure have not been lost and have been preserved.
In order for a comprehensive, complete and objective consideration of the civil case by the court, we need to familiarize ourselves with the statement of claim and all the attached documents, after which the court will be provided with evidence that may affect the content of the decision.
Based on the above and guided by Articles 267-1, 46 of the CPC RK,
I ASK THE COURT:
· To transfer this civil case considered in a simplified manner to the consideration of the case according to the rules of claim proceedings in a generally established manner;
With respect,
____________/ A.A.
"___"__________ 2024 the year
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