-SAMPLE PETITION-
ANKARA ( ) EXECUTIVE LAW COURT
Executive File Number: Ankara ….. Executive Directorate 2021/….. E.
REMOVAL OF THE OBJECTION
THE REQUESTER
LENDER :
ADDRESS :………………
ATTORNEY :
ADDRESS :
PHONE :
OPPONENT
(DEBT) :
ADDRESS :……………
ATTORNEY :
SUBJECT OF REQUEST : Ankara …. Executive Directorate ‘s 2021/….. E. it consists in our request that the objection of the counterparty (borrower) who has objected to the debt within the scope of the numbered file be definitively removed and that the compensation payment be decided not less than 20% of the receivable.
INSTRUCTIONS
On 12.04.2020, goods were received from the client who requested the removal of the objection by the debtor, in return for which the Ankara … Notary’s Office …. Wage …. As can be seen from the document dated 10/06/2018, his signature indicating that he will pay his client 20,000 TL has given a notarized promissory note.
Article 68 of the bankruptcy law: “the request for appeal creditor tracking, signature certified by a notary or profess that contains the declaration of debt in one year, which can be within the powers of the competent authorities or public authorities or their receipt or a document duly and you can see if within six months from the date of notification of the objection of the creditor may request the removal of the objection. If the objection is not requested to be removed within this period, follow-up cannot be done again without notice.”
In accordance with the provision, the said deed, the signature of which is not paid at maturity, is notarized, contains the recognition of an unregistered and unconditional debt by us in Ankara …. Executive Directorate ‘s 2021/…. E. it has been put under follow-up within the scope of its numbered file and the debtor’s party has objected to the payment order sent within the scope of the said follow-up as an objection to the debt. For the specified reasons, the obligation to file this case has been obtained.
LEGAL REASONS :IIK (68, 68/A and all other articles), HMK, Av.Law and other relevant legislation
THE EVIDENCE :
1-Ankara …..Executive Directorate ‘s 2021/….. E. Subpoena of numbered files,
2-Tracking Request, Payment Order, Tracking bond
3-Expert report (If Deemed Necessary),
4-Any other delail (We reserve the right to provide evidence against the evidence that the other party will provide.)
CONCLUSION AND CLAIM : For all the reasons described above and which will be considered by your court you’re,
1-The other side is Ankara …. Executive Directorate ‘s 2021/….. E. final removal of the objection to the debt made within the scope of the numbered file, continuation of the follow-up,
2-The counterparty is sentenced to a compensation not lower than 20% of the amount of receivables,
3-All kinds of trial fees and expenses, as well as fees for the assignment of power of attorney to the other party,
We request that the decision be made by proxy.
Requesting the Removal of the Appeal