Debt collection in Kazakhstan is straightforward process mainly related to court proceedings followed by judgement enforcement. In our practice pre-trial dispute resolution does not provide the desired outcome in most cases, although, its a prerequisite for bringing the case to Kazakhstan court in case a contract contains a pre-trial clause.
Obtaining a right judgement in your favor closes the first stage of debt collection and entitles to a procedural right for creditor to apply for enforcement proceedings.
It’s worth to be mentioned, that limitation period of 3 (three) years (article 178 of Civil Code) applies to regular business claims including debt collection. Commencement of limitation starts from the moment when creditor is acknowledged of the facts that his rights has been violated by debtor. Simple example of debt collection is based on promissory note where amount and due date are specified. Past due date will trigger commencement of limitation period on the next date. Creditor’s claim brought to court after past limitation period will be dismissed by court unless plaintiff proves a limitation period missed for a good reason.
Our attorneys have a sophisticated experience in commercial and business international cross-border litigation, including, but not limited to Accounts Receivable (AV) collection, Payment collection for supplied goods or rendered services, Joint-venture disputes and etc.
Contact us to get an estimate of legal costs and prospect analysis.