-SAMPLE PETITION-
ANKARA SENTINEL ( ) TO THE EXECUTIVE CIVIL COURT
IT IS REQUESTED THAT THE PURSUIT BE STOPPED.
EXECUTIVE FILE NO :Ankara ….Executive Directorate
OBJECTION TO THE SIGNATURE
DEBTOR :
:……
ATTORNEY :
ADDRESS :
PHONE :
CREDITOR (DEFENDANT) :
ATTORNEY :
ADDRESS :……………………………
ORDER
DATE OF NOTIFICATION : 21/06/2021
SUBJECT :Ankara ….2021/12345 E of the Executive Directorate. client A…. with his numbered file.. B…… it is a request that our objection to authority, my objections to signature, and the suspension and cancellation of the enforcement proceedings be decided in relation to the follow-up made against it.
Ankara …..2021/12345 E of the Executive Directorate. within the scope of the enforcement proceedings specific to the numbered foreign exchange notes, my client A….. The payment order dated 17.06.2021 (ANNEX-1) sent to B……. has been notified by the client on 21.06.2021 and we are making our objection that the signature on the promissory note being tracked does not belong to the client below within 5 days, which is the legal period.
OUR PROCEDURAL OBJECTION (OUR AUTHORIZATION OBJECTION):
Firstly, as can be seen from the following note presented in october, this note has been issued in Istanbul and the Istanbul Courts are authorized in case of a dispute. In this context, the authorized Enforcement Directorate is the Istanbul Enforcement Directorate and we inform that we are appealing for authority in this regard, that the said enforcement was opened irregularly and maliciously in the Ankara Enforcement Directorate and we request the cancellation of the enforcement follow-up by deciding to reject it from the point of authority.
OUR EXPLANATIONS :
The signature on the promissory note (ANNEX-2) subject to follow-up does not belong to the client. In fact, even if you look at it like this, the signature in question is C……. E……. it is believed that it belongs to the C…….D……, which is in the form of a letter and whose name is written as a beneficiary on the promissory note, which the client does not recognize in any way.
Let me just say … ;
The signature on the promissory note, which is the subject of enforcement proceedings against the client, does not belong to the client. Client A…… We are requesting a subpoena of signature samples belonging to b……. from the relevant institutions.(We request that the client obtain a wet signature in case wet signatures belonging to client A……… cannot be obtained from the following institutions.jul…………………….. .)……………………..).) When the samples of the signature in question arrive, it will be very clear that the signature does not belong to the client A………… as a result of the expert examination by comparing it with the signature in the promissory note that is the subject of enforcement proceedings.
The subpoena of the Marriage Certificate (…… (……) The Municipality)
…… 1.Subpoena of the Notary’s Office dated 01/01/2021, number 12345 Evmiye (This is also the power of attorney presented in our case)
……. Bank …… Branch
170 of the Enforcement and Bankruptcy Code. article; “The debtor shall notify the executive court with a petition his objection that the signature on the foreign exchange note does not belong to him in accordance with paragraph 4 of Article 168 …” is stated. Client A….. B…..we also and openly object to the signature on the promissory note based on this tracking.
In the same article of the execution and Bankruptcy Law, continuing “…in a review before a court of execution, the debtor acquired the opinion of the petition from the scope of the document add or without notification to the serious objection if the objection deems your creditors until the decision on the suspension of enforcement proceedings on the paperwork we can decide…’in the form of editing is available.
In addition, the Law also contains the provision “… If the executive court decides to accept the appeal, if it has bad faith or a serious defect in tracking the stock, it condemns the creditor to compensation and a ten percent fine of the amount you will receive, not less than twenty percent of the amount you will receive based on the year …”, as continued in the same article. Therefore, we also demand that the wrongful creditor-defendant be sentenced to compensation not less than 20% of the actual receivable and again to a fine of 10% of the receivable.
LEGAL REASONS: HRM, HMK, TMK, TBK, TCC and other relevant legislation
EVIDENCE : :(We reserve the right to report evidence against new claims and evidence that the other party will report.)
1-Ankara ….2021/12345 E of the Executive Directorate. subpoena of the numbered file
2-The payment order notified to us and the promissory note based on the follow-up
3-Examples of signatures requested by summons
4-Witness (If necessary, the information will be reported)
5-Exploration
6-Expert Review
7-The Oath
8-Legal and discretion of all kinds of evidence
CONCLUSION AND REQUEST : For the reasons explained above and which will be taken into consideration, first of all, considering our objection to authorization, the cancellation of this follow-up filed at the unauthorized Enforcement Directorate, if your court believes otherwise about the authorization, the signature on the deed based on the follow-up of the client A….. B…..our objections to the signature due to the fact that it does not belong to our client A….. B…..Ankara, which has taken measures to stop and cancel it (in terms of all original and feri requests) until the case is concluded ….Executive Directorate of the main numbered 2021/12345 the supervision of the execution primarily unsecured, will be found not suitable to be stopped by a preliminary injunction against the collateral, the creditor’s right-the defendant is the principal receivable 20% of the compensation not to be receivable, down from 10% at a rate of Fined to govern jointly, costs and expenses and attorneys ‘ fees with respect to yukletilm we decided to require the opposite side of acting.22.06.2021
OBJECTING DEBTOR/DEPUTY
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