The debtor does not comply with the requirements of the court: what needs to be done, explained to Astana residents

The debtor does not comply with the requirements of the court: what needs to be done, explained to Astana residents

24.12.2024 21:11:57 1141

Zhanna Syuyumbayeva, Deputy Head of the Astana City Department of Justice, spoke at a briefing in the capital's communications service about enforcement measures, the official website of the capital's akimat reports.
According to Zhanna Syuyumbayeva, if the debtor does not comply with the requirements of the judicial act on a voluntary basis, the bailiff applies enforcement measures to him.
"In accordance with article 31 of the Law, the grounds for the application of enforcement measures are the executive document accepted by the bailiff for his proceedings and the expiration of the period for voluntary execution provided for by Law. In particular, one of such measures is to foreclose on the debtor's property by seizing the property and selling it," the speaker said.
Thus, the seizure of the debtor's property consists of an inventory of the property, a prohibition to dispose of it, and, if necessary, restrictions on the right to use this property, its seizure or transfer to storage, and then the sale of this property through bidding.

After the sale of the property at auction, an act of acceptance and transfer of completed works is signed between the bailiff and the recoverer.
The proceeds from the auction are distributed among the recoverers in proportion to the amounts recovered. The sale of property in this case is a way of implementing compulsory measures for the execution of judicial acts.
"For example, a private bailiff has enforcement proceedings against the debtor, gr. Daumenov A.I. in favor of gr. Myktybek B.A., the bailiff, in order to clarify the debtor's property status, sends a request to the authorized and registering authorities. In response to the request, it was established that the debtor Daumenov A.I. has a Toyota Camry car, which is being seized by the bailiff. Then, the bailiff issues a resolution on the assessment, after which the car is sold through an auction, and the amount from its sale is transferred to the recoverer, Myktybek B.A. Thus, enforcement measures lead to the actual execution of the judicial act," explained Zhanna Syuyumbayeva.
In addition to the sale of property, the law provides for other measures of compulsory enforcement of judicial acts.:
1) seizure of the debtor's property, including money and securities held by him or other individuals or legal entities (including banks and organizations engaged in certain types of banking operations, as well as insurance organizations);
2) seizure of the debtor's property held by him or other natural or legal persons;
3) prohibiting the debtor from performing certain actions;
4) prohibiting the debtor from using the property belonging to him by right of ownership, including money, or instructing him to use it within the limits established by the bailiff;
5) sealing of the debtor's property;
6) withdrawal of title documents;
7) prohibiting other persons from transferring property, including money, to the debtor or fulfilling other obligations towards him.

Source : https://www.gov.kz/memleket/entities/astana/press/news/details/906103