“Unfortunately, a negative practice has emerged where enforcement inscriptions were carried out without a written acknowledgment of the debt and not at the debtor's place of residence. This was done by unscrupulous notaries in collusion with microfinance organizations, collection agencies, and private bailiffs,” stated Sarsembayev.
An enforcement inscription is a tool that allows a private bailiff to recover a borrower's debt without going to court. It is executed by a notary based on documents confirming the existence of the debt.
To address issues related to enforcement inscriptions, the Ministry of Justice proposes:
- to create a “Personal Cabinet for Parties” in the “E-Notariat” system using biometric identification;
- to allow for objections or debt repayment through the “Personal Cabinet”;
- to eliminate affiliations between the creditor and the private bailiff through automatic distribution of enforcement inscriptions based on written agreements;
- to monitor compliance with territoriality – prohibiting notaries from executing enforcement inscriptions against debtors from other regions.
A pilot project for SMS notifications has already been launched, which informs parties about the execution of enforcement inscriptions. This helps debtors learn about their debts in a timely manner and settle them.
In 2024, the agency received 89,000 complaints regarding forced debt recovery.