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Sample Petition Requesting Removal Of Objection To Signature

COURT OF EXECUTION EXAMINER

 

EXECUTION FILE NO : …… …. Enforcement Directorate …../….

TEMPORARY OBJECTION

REQUESTING ITS ABOLITION

(CREDITOR) :

CREDITOR’S REPRESENTATIVE :

OPPOSITE PARTY (DEBTOR) :

SUBJECT OF THE CASE : It consists of the request for removal of the objection to the signature made by the defendant debtor.

 

FACTS : 1- The defendant B has given a promissory note with the issue date ……. and maturity ……. in return for the debt of …… (…..) TL to my client A. However, although it was due, the debtor did not pay his debt and therefore …. …. The enforcement proceeding was initiated by the enforcement proceeding file numbered …../…. of the Enforcement Directorate. A payment order was sent to the defendant and the defendant objected to the signature under the promissory note on …./…./…. claiming that the signature under the promissory note did not belong to him within the legal period.

 

2- However, after the promissory note was signed between the parties in the form of arrangement, it was also certified by the notary …….. In this respect, the signature objected by the defendant belongs to him and his objections to the signature are without legal basis.

 

3- Upon the objection of the defendant, the execution proceedings were stopped. In this respect, in order to resume the suspended enforcement proceedings, it has become necessary to open this case for the removal of the objection in accordance with the provisions of ……….

 

Legal Reasons :

 

Evidence : …… …. Execution Directorate’s …../…. main numbered follow-up file, promissory note and all kinds of legal evidences when necessary.

 

Conclusion and Request : For the reasons mentioned above; I request that our lawsuit be accepted and the objection of the defendant debtor be removed, the pending enforcement proceedings be continued, the defendant be sentenced to pay …….. execution denial compensation, and the judicial expenses and attorney fees be left on the defendant.

I would like to submit. Sincerely yours,

 

Plaintiff’s Counsel

(SIGNATURE)

 

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