Article 16. The rights and obligations of the debtor and (or) his representative of the Law on Collection Activities

Home / RLA / Article 16. The rights and obligations of the debtor and (or) his representative of the Law on Collection Activities

 1. The debtor and (or) his representative may:

1) obtain from the creditor, the person who has concluded a trust management agreement with the collection agency, the collection agency that has the right to claim against the debtor for debt, information about the collection agency, its location, the availability of personal data of the debtor, the amount and structure of the debt collection agency;

2) to challenge the claims of the collection agency both in full and in part, including in court;

3) settle the debt in accordance with the procedure provided for in Articles 6 and 6-1 of this Law;

4) interact with the collection agency in any way provided for in Article 5 of this Law to obtain information about their debts;

5) apply to the authorized body with a complaint about the actions (inaction) of the collection agency;

6) apply to a credit bureau, collection agency and (or) to a creditor for a certificate of the presence or absence of debt;

7) independently record the process of interaction with employees of the collection agency using audio and (or) video equipment;

8) apply to the creditor or the collection agency performing trust management in accordance with the trust management agreement with a statement on changing the terms of the bank loan agreement and (or) the micro-loan agreement related to the fulfillment of obligations under these agreements, justifying the reasons for such treatment;

9) have other rights provided for by this Law and other laws of the Republic of Kazakhstan.

2. The debtor and (or) his representative are obliged to:

1) notify the collection agency of a change in their place of residence (legal address), a change in their first name, patronymic (if it is indicated in the identity document), last name, replacement of identity documents (in case of expiration, loss), and a change in the contact information used to contact them, and the method of communication and interaction of the collection agency with them (him);

2) at the request of the collection agency, disclose reliable information about the level of income and expenses, place of residence (legal address), and the availability of property that may be subject to foreclosure in accordance with the legislation of the Republic of Kazakhstan to repay debts.;

3) to cooperate on debt settlement with a collection agency in accordance with paragraph 1 of Article 5 of this Law;

4) within fifteen working days, review the debt repayment terms proposed by the creditor and inform the collection agency or the creditor of the conditions suitable for the debtor.

The Law of the Republic of Kazakhstan dated May 6, 2017 No. 62-VI.

This Law regulates public relations related to the implementation of collection activities, establishes the specifics of the creation and operation of collection agencies, and also defines the specifics of state regulation of collection agencies and control over their activities.

President

Republic of Kazakhstan

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