Enforcement Proceedings in Kazakhstan: How to Speed Up Debt Recovery?
Enforcement proceedings are not a mere formality following a court judgment — they represent a crucial stage that requires both strategy and persistence. Even with a writ of execution in hand, recovery may be delayed unless the process is monitored and all available enforcement tools are utilised.
For a creditor, it is essential not only to know their rights but also to be able to exercise them effectively.
Below are four practical recommendations to help achieve real enforcement of a court decision:
1. Choose the bailiff yourself rather than rely on automatic allocation.
Do not depend solely on the automatic distribution system. Review the experience, specialisation, and performance record of a particular private bailiff.
If personal choice is not possible, submit the documents to the Chamber of Private Bailiffs with a request for allocation — but always maintain control over the process.
2. Stay engaged and proactive.
Provide relevant information, participate in auctions, and — where appropriate — file motions to amend the method and order of enforcement.
If the actions of your private bailiff are challenged, take part in court proceedings as an interested party.
Your involvement directly affects the efficiency of enforcement.
3. Assess the bailiff’s actions critically.
If the private bailiff’s actions prove ineffective, consider the procedure for recalling the enforcement document and replacing the bailiff.
In case your rights are violated, appeal the bailiff’s actions through judicial proceedings.
4. Use mediation procedures.
Mediation within enforcement proceedings is not a concession, but rather a tool for acceleration.
It is particularly relevant when a debtor delays the process, avoids contact, or seeks to negotiate solely on their own terms.
In such situations, mediation helps move the dispute from a formal confrontation to a negotiation framework, record the agreements in writing, and have them approved by the court.
It is important to remember:
Only an active and well-informed position of the creditor can ensure real and prompt enforcement of a court judgment.
Author: Slan Alibek.
Need assistance in controlling enforcement proceedings in Kazakhstan?
REVERA’s legal team is ready to provide:
- Comprehensive support in enforcement proceedings;
- Audit of bailiff’s actions;
- Development of enforcement strategies;
- Ongoing legal supervision of the recovery process.
Request a consultation and protect your assets: Kazakhstan@revera.legal