-SAMPLE PETITION-
ANKARA SENTINEL COURT OF FIRST INSTANCE ( )
PROSECUTOR :
ADDRESS :……
ATTORNEY :
ADDRESS :
PHONE :
DEFENDANT :
ADDRESS :………………………….. University of Ankara
SUBJECT OF REQUEST : Ankara ….2021 of the Executive Directorate/….. E. IIK m of the absence of the alleged debt from the numbered file.it consists in our request to be identified in accordance with 69 and to get rid of the client’s debt.
INSTRUCTIONS
The plaintiff is represented by the client (the Debtor of the Enforcement File) of the Ankara …Enforcement Directorate 2021/….. E. although an objection has been raised against the payment order notified within the scope of the numbered file within the period of time, it has been decided to temporarily lift the objection by the Enforcement Directorate. The decision in question has been notified to us and within the time limit it is stated that,
IIK m.in accordance with Article 69, “Within seven days from the date of notification or notification of the decision to successfully dismiss the appeal, the debtor may file a claim for debt relief in the court of the settlement of the locality or creditor where the follow-up is being conducted.”It is said; We are substituting this negative detection case within the period of time.
In the continuing paragraph of the same article “In order for this case to be heard, the borrower must deposit 15 percent of the receivable subject to litigation in cash to the court teller by the first hearing day or deposit an esham and bond or bank guarantee letter of the same value to be accepted by the court.” It is said; The collateral fee, which is a condition of the case, has also been deposited by us in the file. (APPENDIX-1)
As we have revealed in the petition for objection to the payment order (ANNEX-2), there is no debt as claimed by the defendant creditor. The debt claimed by the respondent creditor in the execution file is unjustified and lacks legal basis, as well as due to an unspecified invoice that has been issued for a reason and for why. All payments have been made by the client, and there is an explanation that such a debt is unfair and lacks legal basis, that both the principal receivable and the so-called interest rate and interest rate are contrary to the law and debt relations.
As a result, for all these reasons described, as a result of a detailed investigation by your court, it will be seen that there is no debt that is the basis of this pursuit that is unfair and devoid of legal basis.
LEGAL REASONS: Enforcement Bankruptcy Law, Turkish Code of Obligations, Turkish Commercial Code, etc. related legislation
EVIDENCE: Subpoena of the Enforcement Directorate file, dated invoice, dispatch documents, mail correspondence, witness, expert report, oath, discovery, etc. all delail.
CONCLUSION AND CLAIM : For all the reasons described above and which will be considered by your court you’re:
1-ACCEPTANCE of this case,
2-Client A…. B… to determine that the defendant does not owe the creditor money and thus to get rid of the client’s debt,
3-I request that it be decided that all kinds of trial expenses, fees and power of attorney fees should be left to the defendant party.07/09/2021
The Plaintiff is the Debtor’s Deputy