In business, situations often arise when you are owed money. We’ll look at how to protect your interests and receive the maximum number of payments promised to you into your accounts in this post:
The first option for collection is to motivate the debtor to voluntarily repay the resulting debt. And we recommend that you show persistence and ingenuity, because this method is still the simplest and most accessible.
So there are also official motivational tools:
1. Negotiations
2. Sending letters, notifications, pre-trial claims
3. Conclusion of a dispute settlement agreement indicating the procedure and method of payment, including the possibility of installment or deferment with the provision of a guarantee and/or provision of a pledge of property from the debtor
A prerequisite for all of the above actions is to indicate the exact date and amount of the debt.
If the debtor has not fulfilled his obligations by agreement of the parties on time, measures should be taken to enforce the collection
Compulsory collection is carried out on the basis of a court decision that has entered into legal force (in some cases, you can contact a notary to issue a writ of execution).
To do this you need:
- Submit a statement of claim at the location of the defendant, attaching all supporting documents about the debt to you
- After receiving the court decision and the writ of execution in hand
- Contact the bailiff at the location of the debtor
It’s no secret to anyone that a correctly drafted pre-trial claim and claim play a key role in the court’s decision.
Measures taken against the debtor in enforcement proceedings:
- Seizure of funds and property of the debtor
- Prohibiting a debtor from performing certain actions
- Temporary restriction on the departure of an individual, director (acting) of a legal entity that is a debtor, from
- of the Republic of Kazakhstan, provided that the amount of collection exceeds 40 MCI = 116,680 tenge, or more than three months according to executive documents on the collection of periodic payments
- Seizure of movable property
- Sale of seized property by foreclosure on the debtor’s property
- Bringing administrative and criminal liability to the debtor for failure to comply with the decision
We would like to draw your attention to the fact that at all stages of the execution of a court decision, control over the actions of the bailiff is necessary, since this is, first of all, in your interests.
In a huge number of cases, debtors are not willing to return funds and create various obstacles, trying in every possible way to slow down this process or stop it altogether.
