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5 Mistakes Entrepreneurs Make When Going to Court

09.10.2025

A procedural mistake in filing a claim is easy to miss until the claim is returned or the case is lost. Below are five mistakes that cost a business time and money, and what the Civil Procedure Code of Kazakhstan (CPC) says about each of them. If a dispute has already started or is about to, see our service “Representation in court for businesses”.

1. The state duty is paid incorrectly or not in full

A document confirming payment of the state duty, or a motion to defer it, is attached to the claim (subparagraph 2 of part 1 of Article 149 of the CPC). If it is missing and the defect cannot be cured at the case preparation stage, the claim is returned (subparagraph 3 of part 1 of Article 152 of the CPC).

The amount of the duty is set by the Tax Code (subparagraphs 1 and 7 of paragraph 1 of Article 665):

  • a property claim of a legal entity — 3% of the claim amount, but not more than 20,000 MCI;
  • a property claim of an individual — 1% of the claim amount, but not more than 10,000 MCI;
  • a non-property claim — 0.5 MCI.

If you increase your claims during the case, the duty is topped up within the period set by the court. Without the top-up, the court considers the case only within the original claims and returns the application to increase them (part 3 of Article 105 of the CPC). All rates are in the article “State duty rates in courts”, and who is exempt from the duty — in “Exemption from paying state fees in courts”.

2. The claim is filed with the wrong court

If the case does not fall within the court’s jurisdiction, the judge returns the claim within five working days and states where to apply (subparagraph 2 of part 1 and part 2 of Article 152 of the CPC). What to check before filing:

  • Which court. Disputes between legal entities and individual entrepreneurs, as well as corporate disputes, are heard by specialized inter-district economic courts, unless the law assigns the case to another court (part 1 of Article 27 of the CPC).
  • In which city. The general rule is the defendant’s location: for a legal entity, the address in its constituent documents or in the National Register of Business Identification Numbers (part 2 of Article 29 of the CPC). A claim against a legal entity may also be filed at the location of its property, and a claim arising from the activities of a branch — at the branch’s location (parts 2 and 3 of Article 30 of the CPC). A claim under a contract that specifies the place of performance may also be filed there (part 6 of Article 30 of the CPC).
  • What the contract says. The parties may agree on jurisdiction in advance (Article 32 of the CPC), but a contract cannot change exclusive jurisdiction (Article 31 of the CPC). Among others, claims concerning rights to real estate, its release from arrest or foreclosure on mortgaged real estate are filed at its location, claims against a carrier under a contract of carriage — at the carrier’s location, and claims of a testator’s creditors — at the location of the estate. If the contract has an arbitration clause, the court returns the claim (subparagraph 7 of part 1 of Article 152 of the CPC).

Disputes with government agencies — appeals against inspections, orders, tax notices and refusals — follow the Administrative Procedural and Process Code rather than the CPC: see “Disputes with government agencies”.

3. The claim is signed without authority, and the evidence is not signed by the other party

The claim is signed by the plaintiff or by a representative authorized to sign the claim (part 4 of Article 148 of the CPC). The authority to sign the claim, change the claims, waive the claim or conclude a settlement agreement must be specifically stated in the power of attorney (parts 1 and 3 of Article 60 of the CPC). If the claim was signed by a person without such authority, it is returned (subparagraph 5 of part 1 of Article 152 of the CPC), and if this comes to light later, it is left without consideration when the plaintiff has not supported the claim (subparagraph 3 of Article 279 of the CPC).

The second half of the mistake is evidence. Each party proves the circumstances it relies on (Article 72 of the CPC). A contract, certificates of completed work, waybills and a reconciliation statement signed by both parties are the basis of a debt claim. If the other party’s signature is missing, gather other evidence before filing: correspondence, payment orders, the claim letter and the reply to it.

4. Mistakes in the Court Office

A claim may be filed in writing or as an electronic document (part 1 of Article 148 of the CPC). An electronic claim is certified with the digital signature (EDS) of the plaintiff or the representative (part 4 of Article 148 of the CPC), and electronic copies of documents are attached to it (part 2 of Article 149 of the CPC). A document with an EDS is equivalent to a paper one (part 1 of Article 133-2 of the CPC). Claims are filed through the “Court Office” service. Copies of the claim for each defendant and third party are not attached to an electronic claim: electronic copies of the documents listed in subparagraphs 2–7 of part 1 of Article 149 are required (part 2 of Article 149 of the CPC). The claim is returned if it was signed with the EDS of a person without authority to sign it (subparagraph 5 of part 1 of Article 152 of the CPC), and also if the document confirming payment of the duty, the power of attorney or documents on the pre-trial procedure are missing and this defect cannot be cured during case preparation (subparagraphs 2, 3 and 5 of part 1 of Article 149, subparagraph 3 of part 1 of Article 152 of the CPC).

5. The claims are worded incorrectly

The claim must state (part 2 of Article 148 of the CPC):

  • the court where the claim is filed;
  • the plaintiff: for a legal entity — its full name, location, BIN and bank details, as well as phone number and email, if any; if the claim is filed by a representative — the representative’s name and address, and phone number and email, if any;
  • the defendant: for a legal entity — its full name and location, and its BIN, bank details, phone number and email, if known to the plaintiff;
  • how the plaintiff’s rights were violated and what the plaintiff demands;
  • the circumstances on which the claims are based, and the evidence;
  • information on the pre-trial procedure, if it is established by law or by the contract;
  • information on the parties’ steps towards reconciliation, if any were taken;
  • the claim amount, if the claim is subject to valuation, and the calculation of the sums to be recovered or disputed;
  • a list of attachments.

If the claim is filed and signed by a representative, it must refer to the legal provision on which the claims are based (part 2 of Article 148 of the CPC). Defects that cannot be cured during case preparation are grounds for returning the claim (subparagraph 3 of part 1 of Article 152 of the CPC).

The claims can also be undermined by the pre-trial procedure. If a claim letter is mandatory under the law or the contract and was not sent while the procedure can still be followed, the claim is returned (subparagraph 1 of part 1 of Article 152 of the CPC). And if the dispute arose because a party breached the pre-trial procedure, for example by leaving a claim letter unanswered, the court imposes the court costs on that party regardless of the outcome of the case (part 2 of Article 109 of the CPC). Another trap is the deadline: the general limitation period is three years, and if the defendant invokes its expiry, the court dismisses the claim (Articles 178 and 179 of the Civil Code).

How we help

We will review the contract and evidence, calculate the duty and the claim amount, determine jurisdiction, handle the pre-trial claim procedure, prepare and file the claim and represent you in court — “Representation in court for businesses”. If you need to recover a debt, see “Debt collection for businesses”.

The first consultation is free. Call us: +7 700 500 05 53 or write on WhatsApp.


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