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Debt recovery

Debt recovery in Kazakhstan, The main stages and perspectives.

       Debt recovery is known to be a long and complicated process if clients do it by themselves, but not if professional lawyers are involved. For the specialised attorneys and lawyers recovering debts is an attentively controlled procedure with  estimated outcome requirements. Zan Company attorneys and lawyers operate with debt recovery procedures, as with other legal cases, pragmatically and focused on results.

       The main stages of recovering debts in Kazakhstan:

•         legal consulting, with expertise in related documents, is given to the client.  In this step the lawyer examines documents, estimates the volume of further work, the real potential for recovery, and assesses the case overall. The attentive participation of the client in terms of the lighting up of all the facts and providing all the relevant documents, is essential at this stage. Accordingly, an attorney or lawyer builds the strategy of the case.

•         An examination of debtor's financial state, including searching out and obtaining information of whether debtor's property or other assets are available, defining the success of  a chosen strategy, consideration of  alternative ways to recover debts. 

•         Procedures before judgment. Usually, these procedures are letters of demand. The majority of clients' cases are successfully tackled before judgement is entered. A good lawyer uses the more efficent, and the less resource consuming, tactics.  Since the lawyer or attorney has coped with the case in the stage of procedures before the Court becomes involved, the attorney may be considered more professional and qualified from the clients and colleagues points of vew.      

•         Simplified legal proceedings in the Court. In Kazakhstan the Law of civil procedures provides two simplified legal proceedings, as alternative to common court procedures (a court judgement), which are at the same time effective and less time consuming. Since a significant number of cases might be considered in court under Writ proceedings and the simplified court procedures, is essential to contact a qualified attorney in advance before the negative consequences emerge in order to apply on time for an opportunity for simplified legal proceedings.

•         A Court judgement. The most responsible stage where the lawyer's knowledge, qualification and experience play an important role. The main goal of a highly qualified attorney is to achieve for his client the most positive court decision where it might be not only the main base of the debt  but also  forfeit, penalty and other advantages for the client.

•         Enforcement procedures. The collaboration with a law enforcement officer is the final stage of debt recovery proceedings. In this step accurate legal support from the attorney's side and the promtness of  the actions overall are important elements. The legal methods such as imposition of arrest on property (attachment), a block of bank accounts and transponder’s travel ban enforcement are available and may work effectively. 

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