Unicase

The firm’s practice covers all areas of legal practice sought by multinational corporations, financial institutions, and national companies doing business in Kazakhstan.

Unicase law firm serves all types of clients

‍ large Kazakh companies, international financial institutions, multinational corporations, state-owned companies and the sovereign, as well as the international law firms acting as the local counsel on the largest cross-border transactions led by global law firms.

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Reputation

The firm’s expert knowledge in law and top-notch client service are recommended for Kazakhstan by the leading international legal directories such as The Legal 500, Chambers and Partners, IFLR 1000, and Asialaw Profiles.

The Legal 500 EMEA 2022 issue ranked Unicase team Tier 1 in Dispute Resolution and Arbitration, Tier 1 in Energy and Natural resources, Tier 2 in Corporate, Commercial and M&A, Tier 2 in Real Estate and Construction practices ("young, bright, highly intelligent and successful lawyers who know what they do and keep their clients happy").

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According to the Chambers & Partners Asia-Pacific Guide 2020, Unicase Law Firm has been recognized as one of the leading law firms in Kazakhstan, maintaining its position in Corporate and Finance practice as well as in Energy and Natural Resources practice ("some of the law in Kazakhstan is quite complex and they're [Unicase law firm] very good at explaining those issues").

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The IFLR 1000 2022 Editorial has recognized our firm among the best legal advisors in Kazakhstan for Energy & Infrastructure and Corporate & Finance engagements. Moreover, IFLR1000 has emphasised the work performed by our high-calibre lawyers – Saniya Perzadayeva, Raushana Chaltabayeva, Artem Timoshenko and Zhanar Abdullayeva (“Unicase has an extremely good work ethic and flexibility, and a willingness to accommodate meeting schedules and travel").

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Asialaw Profiles assigned the Unicase team one of the highest ratings, as an outstanding firm in practices such as Infrastructure, Energy and General Business law. Asialaw Profiles ranked Saniya Perzadayeva in Infrastructure sector, Artem Timoshenko in Dispute Resolution and Arbitration practice, and Raushana Chaltabayeva in Energy and Infrastructure field as Distinguished Practitioners.

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Why should you choose Unicase as a debt collection consultant?

For more than 10 years, Unicase Law Firm has been successfully winning cases not only in local courts in the territory of the Republic of Kazakhstan, but also has tremendous experience in working with international arbitrations.

Also, the main distinguishing feature of Unicase law Firm is the presence of a team of highly professional lawyers who strictly adhere to the interests of the client and ensure the strictest confidentiality of his information obtained by them in the framework of the case.

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Key issues in the debt collection procedure

What to do if the debtor does not return the debt?

In fact, there are several ways to recover of debt. The easiest way to return the debt in the pre-trial settlement procedure using the claim procedure.

Moreover, the claim procedure is mandatory before filing a claim to the court. If the party violates the pre-trial claim procedure, the court has the right to return the claim to the plaintiff for the pre-trial settlement. Since there are subtleties when filling a claim, the best solution would be to entrust it to specialists.

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What to do if the debtor does not respond to the claim?

In practice, the debtor can refuse to sign the claim or assert in court that he did not receive it. But this problem is solved by simply sending the claim by mail to the legal address of the debtor.

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How to proceed after submitting a claim?

In practice, it is enough to wait 10 calendar days or another period specified in the claim, after which you can file a law suit to the court. When filing a law suit, you will need to pay a state fee of 1% of the amount of claims for individuals or 3% for legal entities. If in the course of legal proceedings, the parties enter into an amicable agreement, then the filing fee is returned to the plaintiff. It is important that law suit is filed to the court at the place of the debtor's legal address, if the jurisdiction is not prescribed by the parties in the contract. At the moment, most of the court heading take place online, in this regard, the place of the actual location of the debtor is not essential.After the court decision enters into force, the court issues a writ of execution at the request of the plaintiff. The writ of execution is sent to a private bailiff, at the location of the debtor, or the property.

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What are the alternative ways of debt collection?

In addition to the general procedure for collecting debt in the court, there is also a simplified procedure.If the debtor's claims are indisputable, and the debtor does not declare any disagreement with the debt, then the judge issues a court order without trial and summoning the applicant and the debtor to hear their explanations. In this case, the plaintiff pays 50% of the state fee. After the court order the enters into force, the court can also provide a writ of execution.The second alternative way is to obtain an executive note from a notary. Similar to the first case, the claims of the claimant must be indisputable. The notary sends a letter on the issuance of a writ of execution to the debtor. If the debtor disagrees with this writ within 10 working days, the notary will not be able issue such writ. In case has issued a writ of execution, then the claimant will need to transfer it for execution by a private bailiff.