Complaint about the actions of the regional Chamber of Bailiffs
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To the Department of Justice
East Kazakhstan region
Ministry of Justice
Republic of Kazakhstan
from: ____________________
IIN ______________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN 850722301036.
Almaty, Medeu district,050002,
50 Zhibekzholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 5758
Claim
on the actions (inaction) of the regional chamber of private bailiffs of the East Kazakhstan region
__ May 20__ of the year ____________________ She appealed to the Semey city Court of the East Kazakhstan region with a claim against the defendants. ____________________ and ____________________ on the recovery of the debt amount in the amount of 7538,000 tenge, as well as the repayment of the state duty in the amount of 75380 tenge, a total of 7613380 tenge. __ June 20__, the Semey City Court of the East Kazakhstan region, composed of the presiding judge ____________________ having considered the civil case on the claim in a simplified procedure ______________ to ____________________ and ____________________ about collecting the amount of the debt, I decided: to collect in solidarity with ____________________, ____________________ in favor of ____________________ the amount of debt in in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge for 37690 tenge each, for a total of 7613380 tenge. why is a private bailiff of the East Kazakhstan region ____________________, based on the writ of execution № ____________________ from __.07.20__ of the year, issued by the Semey City Court, initiated enforcement proceedings № ____________________ dated __.07.20__ in respect of ______________________ August 20__ the defendant ____________________ I applied to the Semeysky City Court of the East Kazakhstan region with a request to cancel the court's decision of __ June 20__ of the year, issued in a simplified procedure, since she was not notified about the consideration of the case in simplified proceedings, she did not receive a statement of claim. __ September 20__, the Semey City Court of the East Kazakhstan region, composed of the presiding judge ____________________, having considered the application in open court with the use of audio-video recordings ___________________________ on the cancellation of a decision rendered in a simplified (written) procedure,
Identified: Application ____________________ on the cancellation of the decision rendered in the order of simplified (written) proceedings, to satisfy. To cancel the decision of the Semeysky City Court of __ June 20__ in the civil case on the claim ____________________ to ____________________ and ____________________ on the recovery in solidarity with ____________________, ____________________ in favor of ____________________ the amount of debt in the amount of 7538,000 tenge, the recovery in solidarity of the costs of paying the state duty in the amount of 75380 tenge for 37690 tenge each, a total of 7613380 (seven million six hundred and thirteen thousand three hundred and eighty) tenge. In accordance with clause 5, clause 1, Article 47 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" (hereinafter referred to as the Law), enforcement proceedings are terminated if the decision of the relevant body on the basis of which the enforcement document was issued is canceled. __ October 20__, the Semey City Court of the East Kazakhstan region, chaired by a judge ____________________, at the secretary of the court session ____________________, with the participation of the plaintiff's representative ____________________, based on a power of attorney dated __.08.20__ and an order №____________________ of __.08.20__, having considered in open court with the use of audio and video recordings the civil case on the claim ____________________ to ____________________ and ____________________ about debt collection, Decided: legal claims ____________________ to ____________________ and ____________________
To satisfy the complaint against the actions of the regional chamber of bailiffs on debt collection in full; to recover from ____________________, ____________________ in solidarnoye in the order in favor of ____________________ debt in the amount of 7538,000 (seven million five hundred thirty eight thousand) tenge; collect from ____________________________, ____________________________ judicial expenses related to the refund of the state duty of 75380 tenge and expenses for the services of a representative in the amount of 35,000 tenge, postage in the amount of 1161 tenge, a total of 111541 (one hundred eleven thousand five hundred forty-one) tenge in equity in favor of ____________________________, 55,771 (fifty-five thousand seven hundred and seventy-one) tenge each. During the execution of the court's decision, __ March 20__ ____________________________, ____________________________, on the one hand, and ____________________________, on the other hand, with the participation of a professional mediator ____________________________,
Certificate no. ______ dated __.03.20__, member of the NGO "____________________________", We have concluded an agreement on the settlement of the dispute (conflict) through mediation (hereinafter referred to as the Agreement) by reducing the amount owed from KZT 7,593,771 (seven million five hundred and ninety–three thousand seven hundred and seventy-one) to KZT 4,172,000 (four million one hundred and seventy-two thousand) (clause 2.1 of the Agreement). In accordance with paragraphs 2-1, paragraph 1, Article 47 of the Law, enforcement proceedings are terminated if the parties to the enforcement proceedings have concluded an agreement on dispute settlement through mediation. __ March 20__ on the website of the Ministry of Justice of the Republic of Kazakhstan ____________________________ I found out that she is listed in the register of debtors in enforcement proceedings, in enforcement proceedings no. ____________________________ dated __.07.20__, initiated by a private bailiff of the East Kazakhstan region ____________________________, based on the writ of execution № ____________________________ dated __.07.20__, issued by the Semey City Court, regarding ____________________________ __ April 20__, I, the representative ____________________________, contacted via cellular communication with ____________________________ During our phone conversation ____________________________ he informed me that he is no longer a member of the Regional Chamber of Private Bailiffs of the East Kazakhstan Region (hereinafter referred to as the Regional Chamber), and he asked to contact the Regional Chamber directly on the issue of termination of enforcement proceedings.
Complaint about the actions of the regional Chamber of Bailiffs
__ April 20__ by us, via Kazpost (tracking number of the letter – __________________), An application for termination of enforcement proceedings was sent to the Regional Chamber. № ____________________________ dated __.07.20__, initiated by a private bailiff of the East Kazakhstan region ____________________________.
This application was received by the Regional Chamber on __ April 20__. However, enforcement proceedings have not been terminated to date., ____________________________ it is still listed in the register of debtors in enforcement proceedings, the Regional Chamber has not been responding to phone calls since __ April 20__ of the year to the present day. Based on the above,
I ask you to:
Terminate enforcement proceedings № ____________________________ dated __.07.20__, initiated by a private bailiff of the East Kazakhstan region ____________________________, based on the writ of execution № ____________________________ from __.07.20__ of the year, issued by the Semey City Court, on recovery from ____________________________ in favor of ____________________________ the amount of debt in the amount of 7538,000 tenge, the cost of paying the state duty in the amount of 75380 tenge, a total of 7613380 tenge;
Exclude ____________________________ from the register of debtors in enforcement proceedings;
To give a legal assessment of the actions of the Regional Chamber of Private Bailiffs of the East Kazakhstan region;
Take measures against the Regional Chamber of Private Bailiffs of the East Kazakhstan region;
To bring to justice the perpetrators;
To respond to the application within the time limits prescribed by law.
With respect,
Representative by proxy:
____________/ Sarzhanov G.T.
Attention!
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