Debt recovery through court: where to start?

If a debtor refuses to repay money voluntarily, the creditor may file a court claim for debt recovery. However, it is not enough to simply say: “This person owes me money.” The debt must be supported by documents and evidence.

The claimant usually needs to prove three key facts:

1. the money was actually transferred to the debtor;
2. the debtor was obliged to return the money;
3. the debt was not repaid within the agreed period.

That is why collecting the right documents before filing a claim is crucial.

Main list of documents for debt recovery

To recover a debt through court, the following documents are usually required:

1. loan receipt or loan agreement;
2. documents confirming the transfer of money;
3. bank transfer confirmation, Kaspi receipt, or bank statement;
4. correspondence with the debtor;
5. written demand for repayment;
6. statement of claim;
7. state duty payment receipt;
8. copy of the claimant’s identity document;
9. debtor’s personal details;
10. calculation of the debt amount;
11. documents confirming legal expenses;
12. power of attorney or lawyer’s order, if the case is handled by a representative.

The exact list depends on how the debt was documented: by receipt, contract, oral agreement, bank transfer, or correspondence.

1. Loan receipt or loan agreement

The most important document is a loan receipt or loan agreement. These documents confirm that the debtor received money and undertook to repay it.

A loan receipt should preferably include:

• full name of the borrower;
• borrower’s individual identification number, if available;
• residential address;
• full name of the lender;
• amount of debt in numbers and words;
• date of money transfer;
• repayment deadline;
• interest or penalty terms, if any;
• borrower’s signature.

If the receipt was not notarized, it does not automatically mean that it has no legal force. A simple written receipt may still be used as evidence if it clearly shows the debt obligation.

2. Evidence of money transfer

Even if there is a receipt, it is advisable to attach proof that the money was actually transferred.

Such evidence may include:

• Kaspi receipt;
• bank transfer confirmation;
• bank statement;
• payment order;
• payment receipt;
• confirmation from a mobile banking application.

If the money was given in cash, the receipt becomes the key piece of evidence. If the money was transferred through a bank, a receipt or bank statement significantly strengthens the claimant’s position.

3. Correspondence with the debtor

Correspondence through WhatsApp, Telegram, SMS, or email may be important additional evidence.

Messages are especially useful if the debtor:

• admits the debt;
• promises to repay the money;
• asks for an extension;
• confirms the amount of debt;
• writes that they will repay “next week” or “after salary”;
• offers to repay the debt in installments.

It is better to preserve the full correspondence, not only separate screenshots. The court may need to understand the context of the messages and identify the phone number owner.

4. Written demand for repayment

Before going to court, it is advisable to send the debtor a written demand for repayment.

The demand should include:

• amount of debt;
• basis of the debt;
• date of money transfer;
• repayment deadline;
• requirement to repay the money;
• deadline for voluntary payment;
• warning that a court claim will be filed if the debt is not repaid.

A written demand shows that the creditor tried to resolve the dispute peacefully. Sometimes a debtor repays the money after receiving such a demand, without court proceedings.

5. Statement of claim

The statement of claim is the main document submitted to the court. It must clearly describe the circumstances of the case and specify what the claimant asks the court to recover.

The statement of claim usually includes:

• name of the court;
• claimant’s details;
• defendant’s details;
• circumstances of money transfer;
• reference to the receipt, agreement, or transfer;
• repayment deadline;
• fact of non-payment;
• amount of debt;
• calculation of interest or penalty, if claimed;
• court expenses;
• request to the court.

The claim should be clear, legally structured, and connected to the evidence. If it is prepared incorrectly, the court may leave it without movement or return it.

6. State duty payment receipt

A debt recovery claim is usually considered a property claim. Therefore, state duty must be paid before filing the claim.

In Kazakhstan, the state duty is generally calculated based on the amount of the claim. For individuals, it is usually 1% of the claim amount. For legal entities, it is usually 3% of the claim amount.

For example, if the debt amount is KZT 1,000,000, the state duty for an individual is usually about KZT 10,000.

The payment receipt must be attached to the statement of claim.

7. Debtor’s details

To file a claim, it is advisable to have the debtor’s details:

• full name;
• individual identification number;
• registered address;
• actual residential address;
• phone number;
• place of work;
• bank account information, if available;
• information about vehicles or real estate, if known.

As a general rule, the claim is filed at the debtor’s place of residence. Therefore, the debtor’s address is important for determining the correct court.

8. Debt calculation

If only the principal debt is claimed, the calculation may be simple. However, if interest, penalties, or court expenses are also claimed, a separate calculation should be prepared.

The calculation may include:

• principal debt;
• period of delay;
• interest amount;
• penalty amount;
• state duty;
• legal expenses;
• total amount to be recovered.

The court must understand how each amount was calculated.

9. Documents confirming legal expenses

If the claimant hired a lawyer, legal expenses may be claimed from the debtor.

To support such expenses, the claimant should provide:

• legal services agreement;
• payment receipt;
• fiscal receipt;
• bank transfer confirmation;
• act of completed services, if available.

The court evaluates legal expenses based on the complexity of the case, the scope of work, and the reasonableness of the amount.

10. Power of attorney or lawyer’s order

If the claimant does not participate personally and acts through a representative, a document confirming the representative’s authority must be attached.

This may include:

• notarized power of attorney;
• lawyer’s order;
• power of attorney from a legal entity;
• document confirming legal representation.

Without proof of authority, the representative may not be able to act properly on behalf of the claimant.

11. Application for interim measures

If there is a risk that the debtor may sell property, withdraw funds, or avoid enforcement of the court decision, the claimant may file an application for interim measures.

The claimant may ask the court to:

• freeze bank accounts;
• seize a vehicle;
• seize real estate;
• prohibit registration actions with property.

This is especially important when the debt amount is significant or the debtor is already trying to hide assets.

What happens if the documents are incomplete?

If required documents are missing, the court may leave the claim without movement and give the claimant time to correct the deficiencies. If the deficiencies are not corrected within the given period, the claim may be returned.

Before filing the claim, it is important to check whether:

• there is evidence of the debt;
• there is proof of money transfer;
• the debt amount is calculated correctly;
• the state duty has been paid;
• the debtor’s address is indicated;
• copies of all documents are attached.

Short document checklist

Before filing a debt recovery claim, check whether you have:

• loan receipt or loan agreement;
• Kaspi receipt, bank transfer, or bank statement;
• correspondence with the debtor;
• written demand for repayment;
• statement of claim;
• state duty payment receipt;
• debtor’s details;
• debt calculation;
• documents confirming legal expenses;
• power of attorney or lawyer’s order;
• application for interim measures, if necessary.

Conclusion

To recover a debt through court, it is important to prepare a complete set of documents in advance. The better the evidence is prepared, the higher the chances of successful recovery.

A loan receipt, loan agreement, bank transfer, Kaspi receipt, correspondence, and written demand help prove that the debt actually exists. After the court decision, enforcement may continue through a bailiff.

SOT ZEYINI lawyers assist with preparing debt recovery claims, collecting evidence, calculating state duty, filing documents with the court, and supporting enforcement proceedings. Contact us via WhatsApp for legal consultation.

FAQ: documents for debt recovery through court

1. Can a debt be recovered without a written receipt?

Yes, but it may be more difficult to prove. Bank transfers, correspondence, debtor’s admission, and other evidence become very important.

2. Is a Kaspi receipt enough to prove a debt?

A Kaspi receipt is important evidence, but it may not always be sufficient. If the payment purpose does not state that the money was given as a loan, additional correspondence or other evidence may be needed.

3. Can WhatsApp messages be used in court?

Yes. WhatsApp messages may be used as additional evidence, especially if the debtor admits the debt or promises to repay it.

4. What if the debtor’s address is unknown?

The debtor’s address is important for determining jurisdiction. If it is unknown, it should be established through available documents, correspondence, or other lawful methods.

5. Is a written demand required before going to court?

It is not always mandatory, but it is recommended. A written demand shows that the claimant tried to resolve the dispute peacefully and may encourage the debtor to repay without court proceedings.

6. How much is the state duty for debt recovery?

In Kazakhstan, the state duty is generally 1% of the claim amount for individuals and 3% for legal entities.

7. Can legal fees be recovered from the debtor?

Yes. Legal expenses may be recovered if they are confirmed by an agreement, receipt, payment document, or other proof.

8. What if the debtor denies the debt?

The claimant should provide evidence such as a receipt, transfer confirmation, correspondence, witnesses, audio or video materials. If the debtor disputes the signature, the claimant may request a handwriting examination.

9. Can the debtor’s property be seized before the court decision?

Yes. The claimant may file an application for interim measures. The court may freeze accounts, vehicles, or real estate within the claim amount.

10. What should be done after the court decision?

After the decision enters into legal force, the claimant should obtain a writ of execution and submit it to a bailiff for compulsory enforcement.