(30 January 2026 | Source: press service of the Supreme Court of the Republic of Kazakhstan)
A married couple from the Almaty Region challenged the excessive seizure of property in a case regarding the recovery of 26 million tenge in debt. The court found a violation of the proportionality of interim measures and declared the decision of the private bailiff unlawful.
HOW THE CONFLICT DEVELOPED
A bank filed a lawsuit to recover 26 million tenge from a married couple living in the Almaty Region. The court imposed interim measures — placing a lien on the debtors' property within the amount claimed. Enforcement of these measures was assigned to a private bailiff.
However, the private bailiff placed a lien on all of the couple's property, including:
- funds held in second-tier banks;
- an office with a plot of land valued at 49.5 million tenge;
- a residential house with a plot of land valued at over 72 million tenge.
The couple filed an application for the partial lifting of the lien, attaching a property valuation report which showed that the value of the assets significantly exceeded the amount of the debt. The private bailiff refused their application.
COURT DECISION AND RATIONALE
Disagreeing with the actions of the private bailiff, the couple appealed to the Specialised Inter-District Administrative Court of the Pavlodar Region. The court upheld their claim, finding that the limits of administrative discretion had been exceeded.
The court noted: maintaining a lien on assets whose value significantly exceeds the amount claimed unjustifiably restricts the debtors' rights. The private bailiff should have kept the lien only on the office with the plot of land valued at 49.5 million tenge and lifted the lien on the residential house and bank accounts.
The court also declared unlawful the private bailiff's order prohibiting transactions and disposal of property, as such a restriction was not provided for in the court ruling securing the claim.
CONSEQUENCES AND DISCIPLINARY MEASURES
The court's decision has entered into legal force. Following consideration of the court's special ruling, the Regional Chamber of Private Bailiffs applied a disciplinary sanction to the private bailiff — a reprimand.