Notarial enforcement inscription: what it is and how to have it cancelled

Most often the debtor learns of the existence of an enforcement inscription suddenly: money is debited from the account, a notification arrives from a court enforcement officer, or it turns out that property has been seized. Until then the person believed that the dispute with the bank or creditor had not yet been resolved, and sometimes had received no demands at all. Hence the first question — what this document is and on what basis money is recovered under it without a court.

From this article you will learn how a notarial enforcement inscription works, under what conditions it is made under a loan and what the creditor's application must contain. Separately, we will look at what the inscription itself looks like, where to check it in the register, how the court enforcement officer acts and which objections give grounds for cancellation. At the end — what to do after the inscription has been cancelled.

Notarial enforcement inscription: what it is in plain words

A notarial enforcement inscription is a notary's order to recover money from a debtor without going to court. The notary checks the documents confirming an undisputed debt and certifies it by an inscription on the document itself or on a separate sheet. This is a way to obtain enforcement quickly where the debt is obvious and undisputed.

The Law of the Republic of Kazakhstan on Notaries lists the documents under which an inscription is permissible: notarially certified transactions with an obligation to pay money, bank loan and microcredit agreements, pledge, recovery of alimony and other expressly named grounds. The inscription does not replace a court and does not create a new obligation — it gives an existing document the force of an enforcement document. After it is made, the creditor presents the document to a court enforcement officer, and the latter begins enforcement.

• the notary certifies an undisputed debt under a document expressly named in the law;
• recovery takes place without a court, under a document bearing the notary's inscription;
• it is not a court decision and not an acknowledgement of the debt by the debtor;
• the notary does not examine the dispute about the reasons for the delay or the amount of the penalty;
• the debtor cancels a disputed inscription by an objection to the notary, and if refused — through court;
• the document is presented to a court enforcement officer for enforcement.

The Law on Notaries and the making of an enforcement inscription

The basis of regulation is the Law of the Republic of Kazakhstan on Notaries. It defines the list of notarial acts, the procedure for performing them and the requirements for the documents from which enforcement force arises. The law links an undisputed claim to the possibility of enforcement without going to court.

An enforcement inscription may be made when the creditor's claim is confirmed by documents, is not disputed by the debtor and does not require verification of additional circumstances. The notary studies the file, satisfies himself that the debt exists and that there is no dispute over the right. If a dispute is apparent, the act is not performed, and the applicant is informed of the court procedure.

When the debtor receives a notarial enforcement inscription under a loan

A notary's enforcement endorsement under a loan agreement appears for the debtor suddenly: there was no summons, there was no court, yet enforcement has already begun. The law provides the basis: a bank loan agreement is expressly named among the documents under which recovery proceeds on an uncontested basis, so the loan agreement itself does not need to be notarially certified. The bank is entitled to go directly to a notary, bypassing the court.

The law sets out a closed list of grounds for an enforcement endorsement for the recovery of debt: a loan agreement, a micro-loan agreement, a loan agreement, suretyship, pledge or another transaction connected with the repayment of money. The main condition is that the document is named in the law and confirms an uncontested debt. The debt itself is not a ground.

• a bank loan agreement — it is expressly named in the law among the documents for uncontested recovery;
• a micro-credit agreement — a typical case for an enforcement endorsement under a loan;
• loan and suretyship agreements containing a condition on out-of-court recovery;
• agreements on the pledge of movable property securing a monetary obligation;
• other documents expressly named in the law, including notarially certified transactions with an obligation to pay money.

The procedure for issuing a notary's enforcement endorsement and the creditor's application

A notary makes an enforcement endorsement upon the written application of the creditor. The application states the details of the creditor and the debtor, the substance of the claim and the ground for its arising. Documents confirming that the claim is uncontested are attached to the application — usually the agreement and a calculation of the debt.

The application is submitted with originals or notarially certified copies of documents attached. The notary checks whether the claim is confirmed by the documents provided for by law and whether there is any dispute over the right. If the claim is based on an agreement, the agreement and documents confirming partial performance of the obligation by the debtor or its non-performance are submitted. Without documents confirming that the claim is uncontested, the endorsement is not made.

• a document establishing the monetary obligation;
• documents confirming that the claim is uncontested;
• a calculation of the debt;
• documents confirming that notice was sent to the debtor;
• a document identifying the applicant and documents confirming his or her authority.

What a notary's enforcement endorsement looks like and what it states

A notary's enforcement endorsement is a notary's order for the recovery of money or the recovery of property under an uncontested claim. The document looks like a separate sheet or a stamp on the agreement, most often a loan agreement. To understand what to challenge, each detail must be read.

The text states the creditor and the debtor with their details, the amount of recovery, the ground for the debt arising and the date the endorsement was made. The notary's signature, seal and a note of registration in the register are mandatory. The register allows one to check whether the endorsement actually exists.

It is worth looking separately at who acts as the creditor. A notary's enforcement endorsement and an MFO are a frequent combination: microfinance organisations arrange recovery under loan agreements. But the endorsement is made only where the claim is uncontested, and if the amount or the ground raises doubts, this is a reason for objections.

• details of the creditor and the debtor with identifiers
• the amount of recovery and the ground for the debt
• the date the notarial act was performed
• the notary's signature and seal
• the registration number of the entry in the register
• a reference to the agreement or other document on the debt

The main mistake a debtor makes is waiting for the money to be debited: an objection to an enforcement inscription must be filed within a short deadline, and it is this that determines whether the matter reaches a court enforcement officer.

Register of enforcement inscriptions: how to check a notary's enforcement inscription

Information on enforcement inscriptions made is held in the Unified Notarial Information System (UNIS), operated by the Republican Notarial Chamber. The debtor has no direct access to the system: the information is requested from the notary who made the inscription, or obtained from the court enforcement officer together with the case file. Records are created by the notary when the inscription is made and are stored electronically.

To make a request, you need the details of the inscription: its number, date and the details of the notary who made it. A check establishes whether the document exists, whether it has been cancelled and whether the deadline for presenting it for enforcement has expired. The register is used to verify information before challenging it.

Request the information from the register and compare it with the copy of the document from the creditor or the private court enforcement officer. The inscription must also be checked for compliance with the law: undisputedness, deadlines, notification of the debtor. The notary sends the debtor a copy of the inscription itself — if it has not been served, it is requested from the notary.

Check the following details.

• Number of the enforcement inscription.
• Date it was made.
• Full name and details of the notary who made the inscription.
• Name of the creditor and the debtor.
• Grounds for enforcement and the subject of the claim.
• Note of cancellation or current status.

The register data is for reference only; the copy of the endorsement issued by the notary remains the legally significant document.

Recovery under a notary's enforcement endorsement through a court enforcement officer

A notary's enforcement endorsement is a notary's order for the compulsory recovery of a debt from the debtor in favour of the creditor, made on the original document confirming that the claim is undisputed. The endorsement itself does not write off money: it gives the creditor the right to compulsory enforcement. Recovery is carried out through a private court enforcement officer, and in certain cases through a state court enforcement officer of the territorial justice authority.

The enforcement procedure is governed by the Law of the Republic of Kazakhstan on Enforcement Proceedings and the Status of Court Enforcement Officers. The creditor submits to the enforcement officer the original document with the endorsement or its electronic form, and the officer issues a decision to initiate enforcement proceedings within the established period. The debtor is sent a notification, and the enforcement officer is entitled to request information on accounts, income and property, to impose arrest and to enforce recovery.

• submission by the creditor of the original document with the enforcement endorsement to the court enforcement officer
• issuance of the decision to initiate enforcement proceedings
• notification of the debtor and granting of a period for voluntary compliance
• request for information on accounts, income and property, imposition of arrest
• sending of the decision to the bank to write off money from the account
• enforcement against other property if there are insufficient funds in the account

Objection to a notary's enforcement endorsement: grounds for cancellation

An objection to a notary's enforcement endorsement is a written statement by the debtor to the notary who made the endorsement. The objection is submitted within ten working days from the day the copy of the endorsement is received, and the period is deemed met by the date of sending, not the date of receipt (Article 92-6 of the Law of the Republic of Kazakhstan on Notaries). Having received the objection within the period, the notary issues a decision to cancel the endorsement no later than three working days from the day of its receipt (Article 92-8).

The endorsement is cancelled where the claim ceases to be undisputed: the notary makes it only on the basis of documents on the debt and does not resolve a dispute over a right. A reasoned disagreement with the amount of the debt, its existence or a counterclaim deprives the claim of its undisputed nature, and the endorsement cannot remain in force.

• dispute over a right — the debtor contests the fact of the debt, its amount or a counterclaim
• absence of undisputed nature — the documents do not confirm the debt unambiguously
• expiry of three years from the day the right to claim arose — no endorsement is made on such a claim (Article 92-2 of the Law of the Republic of Kazakhstan on Notaries)
• failure to comply with the form of notifying the debtor of the claim and of the endorsement made
• defects in the documents: copies instead of originals, absence of a signature, incorrect calculation

How to challenge a notary's enforcement endorsement in court

An objection filed with the notary within the deadline removes the endorsement without court; if the deadline is missed or the notary refuses, only court remains. The complaint is filed with the court at the location of the notary who made the endorsement, under special proceedings (Chapter 45 of the Civil Procedure Code of the Republic of Kazakhstan). The claim is formulated as a challenge to the endorsement, not as a claim for recovery of debt. The court reviews the lawfulness of making the endorsement, not the amount and validity of the obligation: if a dispute over rights arises, the complaint is left without consideration and the right to file a claim is explained.

The deadline for applying to court is ten days from the day the person became aware of the endorsement (Article 364 of the Civil Procedure Code of the Republic of Kazakhstan); a missed deadline is restored for a valid reason with supporting documents. It is stated which endorsement is being challenged, when the debtor became aware of it and what the violation consists of. A challenge does not automatically suspend enforcement — this is decided by a separate motion. A declaration that the endorsement is invalid terminates enforcement proceedings.

Notarial tariff for an enforcement endorsement: what it consists of

The notarial tariff for an enforcement endorsement is a fee for performing a notarial act, not remuneration for recovering a debt. It is paid by the claimant — the creditor who applied to the notary. The debtor does not reimburse or pay this tariff separately.

The legal nature of the payment follows from the Law of the Republic of Kazakhstan "On Notaries": the notary performs the act within the scope of their powers, and the tariff is a condition for performing it. The notary verifies the indisputability of the claim, the existence of a ground expressly provided for by law, and compliance with the procedure for notifying the debtor.

The cost consists of the tariff for the notarial act and related expenses. The price of the endorsement is not equal to the amount of the debt and does not depend on it as a penalty.

• the tariff for performing the notarial act, paid by the claimant
• verification by the notary of the indisputability of the claim and the prescribed ground
• compliance with the pre-trial procedure for notifying the debtor
• expenses related to preparing and submitting documents to the notary
• legal consequences of cancelling the endorsement for the parties

The notary's enforcement endorsement has been cancelled: what to do next

After the notary's enforcement endorsement is cancelled, check the measures taken by the court enforcement officer: arrests of accounts and property, prohibitions on registration actions. With the notary's order on cancellation or the court act, file an application with the court enforcement officer to lift the measures, attaching certified copies. If the measures are not lifted, challenge the actions under the enforcement legislation of the Republic of Kazakhstan.

Amounts previously withheld do not remain with the claimant: cancellation of the endorsement deprives the enforcement document of force, and reversal of execution arises. Apply to the court enforcement officer for the return of what was recovered; if refused, raise the issue of reversal of execution before the court. Money transferred to the claimant is recovered back in your favour.

• Obtain the notary's order on cancellation of the endorsement or a certified copy of the court act.
• File an application with the court enforcement officer to lift arrests and prohibitions.
• Apply for reversal of execution and the return of withheld amounts.
• Collect evidence of payments and correspondence with the creditor.
• Prepare a response to a possible claim by the claimant.

Measures are lifted on the basis of the notary's order or a court act cancelling the enforcement inscription.