If a counterparty has not paid your LLP, start with four checks: who owes the payment, what proves performance, when payment became due and how the outstanding balance was calculated. Then check whether a pre-action demand is required by law or the contract. An invoice alone does not replace a review of the full document chain.
This guide is for a director or employee of a Kazakhstan LLP seeking payment under an ordinary commercial contract. It helps prepare materials for legal assessment, rather than select a single recovery route without examining the case. Tax and employment disputes, bankruptcy and special procedures are outside its scope.
The legal references were checked on 12 September 2026. The table and sequence below are KLC recommendations for preparing a case, not a universal mandatory list for every dispute.
1. Assemble the “contract — performance — payment” chain
Under Article 272 of the Civil Code, an obligation must be performed properly in accordance with its terms and legislation; where such terms and requirements are absent, business customs or generally applicable requirements govern. Start by finding not just the invoice amount, but the term that created the payment obligation.
| What to check | What to collect | What gap to look for |
|---|---|---|
| Who pays and for what | Contract, appendices, specifications, orders and amendments | Whether the parties, subject matter, price and current terms match |
| What was performed and accepted | Acceptance certificates, delivery notes, handover documents, correspondence about the result and objections | Evidence of the scope, date and acceptance of performance |
| What remains unpaid | Invoices, bank statements, payment documents and balance calculation | Whether partial payments, refunds and disputed amounts are accounted for |
This is a search map, not a requirement to have every document listed. The set depends on the transaction. A missing signed acceptance certificate does not automatically mean recovery is impossible: other evidence and acceptance terms need assessment. Keep originals and electronic files, and preserve correspondence with dates, participants and context, not just isolated screenshots.
Source: Civil Code, Article 272.
2. Establish payment maturity — do not replace it with a demand deadline
Article 277 of the Civil Code distinguishes different situations. If the contract provides for, or allows you to determine, a day or period for performance, that deadline applies. Check the event from which it runs: for example, delivery of goods, signing an acceptance certificate or receipt of documents. Issuing an invoice does not always mean payment is overdue.
If no deadline is specified and the terms do not allow it to be determined, the obligation must be performed within a reasonable time after it arises. An obligation not performed within a reasonable time, or one payable on demand, must be performed within seven days after the creditor presents a demand — unless a different period follows from legislation, the terms of the obligation, business customs or the nature of the obligation.
The rule “send a demand and you can always sue seven days later” is therefore wrong. The time for performing an obligation and the pretrial dispute-resolution procedure are separate checks. Do not impose an arbitrary seven or thirty days instead of reviewing the contract and applicable rule.
Source: Civil Code, Article 277.
3. Check whether a pre-action demand is mandatory
Article 149 of the Civil Procedure Code requires documents proving compliance with pretrial procedure to accompany a claim if that procedure is established by law or provided for in the contract. A demand cannot therefore be assumed mandatory for every commercial debt merely because the dispute concerns money.
Read the contract’s dispute and notice provisions: address, permitted channel, recipient, response period and how it is calculated. Then check special rules for your type of obligation. If mandatory procedure has not been followed and the opportunity to use it has not been lost, Article 152 provides for the claim to be returned. This is not a decision on the merits of the debt: refiling is possible after the defect is corrected.
Even where no mandatory procedure is established, a written demand may help record your position and discuss payment. Its legal significance, including its effect on the performance deadline, depends on the circumstances. Keep the text, attachments and evidence of dispatch and delivery by the chosen method.
Source: Civil Procedure Code, Articles 149 and 152.
4. Make the calculation easy to verify
Show principal debt, each payment taken into account and additional demands separately. For a penalty, specify its contractual or statutory basis, calculation base, rate and period; do not add an arbitrary percentage. The recoverability of additional amounts requires a separate assessment.
Illustrative example: 1,300,000 KZT is payable for documented performance, and 300,000 KZT has been received. Outstanding principal is 1,000,000 KZT, provided there are no other payments, refunds or grounds for adjustment. This calculation does not establish the default date or the penalty amount: those must be checked separately.
A working demand can usefully set out, in order:
- The parties, contract and obligation performed.
- Why payment has become due, and the debt amount with its calculation.
- What you demand, the applicable deadline and payment details for performance.
- Attachments, date, signatory and a contact channel for the response.
This is a recommended structure, not an approved universal demand form. Before sending it, check the signatory’s authority and the contract’s notice requirements.
5. Before court, check more than the debt evidence
The working folder described in the table is not yet a filing-ready claim package. Articles 148 and 149 of the Civil Procedure Code govern claim contents and attachments. These include documents supporting the facts relied on, the representative’s authority, state duty or a legally available application to defer its payment, and legal-entity documents; where pretrial procedure is mandatory, proof of compliance is required. Electronic filing is governed by Article 149(2).
Before filing, identify the proper defendant, competent court and jurisdiction, and check any arbitration agreement, limitation period and appropriate procedure. There is no universal answer for all contracts. Do not postpone these checks simply because negotiations are ongoing or the counterparty promises to pay.
A single recovery cost and timeline cannot be stated in advance: state duty is calculated under the applicable rules and claims, while representation costs are assessed separately. A court decision and actual receipt of money are different stages; a favourable outcome is not guaranteed.
Source for claim requirements and return risks: Civil Procedure Code, Articles 148–152.
What to prepare for a case assessment with KLC
Collect the contract and amendments, performance evidence, payments, balance calculation, correspondence and demands already sent, with proof of delivery. Separately note what the counterparty disputes and which documents are still missing. This folder lets you discuss specific gaps and the next step, rather than just the total debt figure.
For assessment of a dispute, open Court representation. If the aim is to organise contracts, acceptance and receivables management in advance, see Business support. The scope of work and any additional documents needed are determined after the circumstances have been reviewed.