How Is the State Duty Calculated for Debt Recovery in Kazakhstan?

When filing a debt recovery claim in court, the claimant must usually pay a state duty. This is a mandatory court-related payment. If the state duty is not paid or is calculated incorrectly, the court may leave the claim without movement and give time to correct the issue.

In debt recovery cases, the state duty is calculated based on the claim amount.

What is the claim amount in a debt recovery case?

The claim amount is the total amount the claimant asks the court to recover from the debtor.

In debt cases, the claim amount may include:

• the principal debt;
• contractual interest;
• penalties;
• late payment charges;
• other monetary claims included in the lawsuit.

For example, if the claimant asks to recover KZT 1,000,000 as the principal debt and KZT 200,000 as interest, the total claim amount is KZT 1,200,000.

What is the state duty rate for debt recovery?

A debt recovery claim is usually considered a property claim because the claimant is asking the court to recover a specific amount of money.

The general state duty rates are:

• for individuals — 1% of the claim amount;
• for legal entities — 3% of the claim amount.

For example, if an individual files a claim for KZT 1,000,000, the state duty is:

KZT 1,000,000 × 1% = KZT 10,000.

If the same claim is filed by a legal entity, the state duty is:

KZT 1,000,000 × 3% = KZT 30,000.

Is the state duty calculated only from the principal debt?

No. If the claimant also asks for interest, penalties, or late payment charges, the state duty is usually calculated from the total amount claimed.

Example:

• principal debt — KZT 1,500,000;
• interest — KZT 300,000;
• penalty — KZT 100,000;
• total claim amount — KZT 1,900,000.

If the claimant is an individual:

KZT 1,900,000 × 1% = KZT 19,000.

If the claimant is a legal entity:

KZT 1,900,000 × 3% = KZT 57,000.

How is the state duty calculated for a court order?

If the debt is undisputed, the claimant may consider applying for a court order. In that case, the state duty is 50% of the regular rate.

Example:

An individual wants to recover KZT 1,000,000 through a court order.

Regular state duty:

KZT 1,000,000 × 1% = KZT 10,000.

State duty for a court order:

KZT 10,000 × 50% = KZT 5,000.

A court order may be faster and cheaper, but it is not suitable for every debt case. If the debtor objects, the court order may be cancelled, and the claimant may need to file a regular lawsuit.

Who pays the state duty?

The claimant pays the state duty before or at the time of filing the claim. If the court satisfies the claim, the claimant may request reimbursement of the paid state duty from the debtor.

That is why the statement of claim should include a request to recover the paid state duty from the defendant.

Are legal fees included in the claim amount?

Legal fees are usually claimed separately as court expenses, not as part of the principal debt.

For example, the claimant may request:

• KZT 1,000,000 as debt;
• KZT 100,000 as interest;
• KZT 200,000 as legal fees;
• reimbursement of the state duty.

The state duty is usually calculated from the main monetary claim, such as the debt, interest, and penalties. Legal fees must be supported by documents, such as a legal services agreement, an act of services, and proof of payment.

What happens if the state duty is calculated incorrectly?

If the state duty is unpaid or underpaid, the court may leave the claim without movement. The claimant will be given time to correct the mistake, pay the missing amount, and submit proof of payment.

If the issue is not corrected within the given period, the claim may be returned.

Before filing a debt recovery claim, it is important to check:

• the total claim amount;
• the claimant’s legal status;
• the applicable state duty rate;
• court payment details;
• payment purpose.

Where can the state duty be paid?

The state duty may be paid through:

• eGov;
• the Judicial Cabinet;
• banking applications;
• Kaspi.kz;
• second-tier banks.

It is important to use the correct court details and payment code. Incorrect payment details may delay the filing process.

Examples of state duty calculation

Example 1

Debt — KZT 500,000.
Claimant — individual.

State duty:

KZT 500,000 × 1% = KZT 5,000.

Example 2

Debt — KZT 2,000,000.
Claimant — legal entity.

State duty:

KZT 2,000,000 × 3% = KZT 60,000.

Example 3

Debt — KZT 1,000,000.
Interest — KZT 250,000.
Total claim amount — KZT 1,250,000.
Claimant — individual.

State duty:

KZT 1,250,000 × 1% = KZT 12,500.

Example 4

Debt — KZT 1,000,000.
The application is filed for a court order.
Claimant — individual.

Regular state duty:

KZT 1,000,000 × 1% = KZT 10,000.

State duty for a court order:

KZT 10,000 × 50% = KZT 5,000.

What documents are needed for a debt recovery claim?

To file a debt recovery claim, the following documents may be required:

• statement of claim;
• debt acknowledgment or loan agreement;
• bank transfer records;
• Kaspi payment receipt;
• WhatsApp or SMS correspondence;
• debt calculation;
• pre-trial demand letter;
• proof of state duty payment;
• claimant’s identification documents;
• information about the debtor.

The better the documents are prepared, the lower the risk that the court will delay or return the claim.

Legal assistance with debt recovery

SOT ZEYINI law company assists with debt recovery cases in Kazakhstan.

We can help with:

• reviewing debt documents;
• calculating the debt amount;
• calculating the state duty;
• preparing a pre-trial demand letter;
• drafting a statement of claim;
• filing documents with the court;
• supporting the case until judgment;
• sending the judgment for enforcement.

If you do not know how to calculate the state duty for a debt claim, contact us via WhatsApp. A lawyer will review your documents and explain what amount can be claimed in court.

FAQ

How is the state duty calculated for debt recovery?

It is calculated from the claim amount. For individuals, the rate is 1%. For legal entities, the rate is 3%.

Is the state duty calculated from the debt only or from debt plus interest?

If interest, penalties, or late payment charges are included in the claim, the state duty is calculated from the total amount claimed.

How much is the state duty for a court order?

For a court order application, the state duty is 50% of the regular rate.

Can the state duty be recovered from the debtor?

Yes. If the court satisfies the claim, the claimant may request reimbursement of the paid state duty from the defendant.

What if the state duty is paid incorrectly?

The claimant may need to correct the payment, pay the missing amount, and submit proof to the court.

Can the state duty be paid through Kaspi?

Yes, provided that the correct court payment details and payment purpose are selected.

Conclusion

The state duty for debt recovery in Kazakhstan is calculated from the claim amount. For individuals, the rate is 1%. For legal entities, the rate is 3%.

If the claimant applies for a court order, the state duty is reduced to 50% of the regular rate.

The key is to correctly determine the claim amount, calculate the state duty, and attach proof of payment to the claim. In court, even math matters.