……….. COURT OF EXECUTION LAW
OBJECTOR
(PLAINTIFF):
DEFENDANT:
AGAINST PARTY
(DEFENDANT): [THIRD PARTY NAME-SURNAME-ADDRESS]
EXECUTION FILE NO:
LAWSUIT: It is the request for cancellation of the objection to the queue list.
EXPLANATIONS :
In the execution proceeding initiated with the follow-up file numbered ……… ……… for the collection of the receivable of my client ……… from the defendant ………, the debtor’s goods were seized and the seized goods were sold and converted into money upon our request. However, since the debtor was also subjected to execution proceedings due to other debts and the goods sold were seized, the order list was prepared.
As a result of the enforcement proceedings initiated by [THIRD PERSON NAME Surname], another creditor of the defendant debtor, it has been understood that the goods of the defendant have been seized. For this reason, my client’s claim and the claim of the other defendant [THIRD PERSON NAME Surname] were shown in the same order in the order list prepared after the sale of the foreclosed goods. However, the enforcement proceedings of which my client is the creditor and the attachment imposed from this file are older than the enforcement proceedings and attachment of the other defendant.
The enforcement proceedings initiated by my client against the defendant debtor and the attachment imposed on his goods are approximately two months earlier than the enforcement proceedings initiated by the other defendant. Despite this, the order list is erroneous as the other defendant’s receivables are shown in the same order as my client’s receivables in the order list prepared by the Enforcement Directorate.
It has become necessary to apply to your Honour for the cancellation of the erroneous order list.
LEGAL GROUNDS:: Article 142 of the Execution and Bankruptcy Law and other relevant legislation
EVIDENCE Execution file and other evidence
CONCLUSION OF THE REQUEST: For the reasons explained above, I respectfully request on behalf of my client that the order list issued by the Execution Directorate in error be cancelled and a new order list be prepared, and that the trial expenses and attorney’s fees be charged to the other party. date
DEFENDANT’S ATTORNEY
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