……….TO THE ENFORCEMENT CIVIL COURT
file number:
THE DEFENDANT:
attorney:
prosecutor:
attorney:
SUBJECT: It is the presentation of our answers and evidence against the lawsuit petition.
descriptions:
OUR DECLARATIONS IN TERMS OF PROCEDURE:
Your Court again regarding the same receivable of the case of objection to this order chart, which is being heard before your Honorable Court … E. We believe that the same dated sequence chart seen in the numbered file should be combined with the objection file. Because both this case before your Honorable Court and your Court’s … E. When the numbered case file is examined, both cases … the Enforcement Directorate … E . From the numbered file … it will be seen that there are cases against the order and degree decision that have been arranged on the date.
For this reason, one of the cases filed before your Court for the same order and degree decision … E. His case, which is being considered in the numbered file, … E. We demand that it be merged with the numbered case file and that it be decided to continue the trial on this file.
OUR STATEMENTS ON THE MERITS:
First of all, we request to determine whether the plaintiff’s objections have been made within the legal period and to reject their objections if it is determined that they have not been made within the legal period.
It is necessary to reject the unfair and legally unfounded lawsuit of the plaintiff’s side. As follows;
Out of court … A.Sh. out of court again with…A.Sh. loans were made in accordance with the general loan agreements concluded between them and the immovable property subject to the lawsuit … signed by Maliki as a joint and fiduciary guarantor Dec. Pay payables of the company and its guarantors who defaulted in the repayment of debts arising from loans that were used were disclosed and the payment of loan debts was warned, but despite the warning, the debts were not paid.
An out-of-court creditor who assigns his payables to the client company due to non-payment of loan debts despite the warning … A.Sh. by reserving the rights of claim for excess … with the request for collection of your receivable in the amount of TL, an injunction was taken against all debtors, including the out-of-court debtor, followed by … Enforcement Directorate … Es. the main tracking has been switched from the numbered file and the tracking has been finalized.
The non-litigation creditor following the enforcement proceedings initiated against the debtors … A.Sh. with client … Asset Management A.Sh. in accordance with the provisions of the Receivables Assignment Agreement Dec … dated and numbered … of the Notary Public concluded between … the creditor is out of litigation … A.Sh.out of the case of … a.Sh.all rights of receivables from the client, including the rights to apply to all kinds of official authorities and legal means for the collection of receivables from … Asset Management A.Sh.’what has been transferred and assigned.
It’s about … the Enforcement Directorate’s … Es. in the numbered enforcement proceedings … an annotation of precautionary seizure was requested to be processed on all real estate registered in the name of the non-litigation debtor … with a dated certificate written to the Land Registry Directorate, and the relevant land registry directorate made a precautionary seizure facility with the date and … salary number on the real estate registered in the name of the non-litigation … Province, … District, … neighborhood, … island, parcel … and … share of the non-litigation … subject of the lawsuit. The subject is the real estate … on the date of our seizure on the shares of the 2. Next, … our seizure on his stock is 1 on the date it was placed. Is in line.
Initiated by the plaintiff … the Enforcement Directorate … Es. the date of the seizure, which was placed on the share and share of the immovable property, which is the Province, District, neighborhood, island, parcel, registered in the name of … out of the numbered execution follow-up file, is …. Accordingly, the claimant party is in the order of foreclosure … as can be clearly seen from the land registry. THEREFORE, THE CLAIM PUT FORWARD BY THE PLAINTIFF SIDE THAT THERE WAS NO FORECLOSURE OF ANOTHER CREDITOR BEFORE THE PLAINTIFF IS BASELESS AND CONTRARY TO THE TRUTH.
The Enforcement Directorate, of which the claimant is a creditor … Es. in the request filed in the numbered enforcement file … on the date of the request, a lien annotation was requested on the immovable registered in the name of the non-litigation debtor … Province, … Region, … District, … parcel, … volume, … page, but no lien annotation was requested on the shares of the immovable subject to the lawsuit (… Province, … District, … neighborhood, … island, … parcel of the immovable property … and …). In the response to the dated document sent by the plaintiff party to the relevant land registry directorate … in the article … in accordance with the dated article, the lien was placed on the real estate subject to the lawsuit, and in the year, the name and T of the real estate subject .C. it was reported that the foreclosure annotation could not be processed with the bet because it could not be determined despite the interrogation.
In the ongoing process, the immovable shares subject to the lawsuit belong to the non-litigation creditor … of the Enforcement Directorate … Es. it was put up for sale from its numbered file and sold on … date. The amount remaining from the sale is the client’s creditor of the company … Enforcement Directorate … Es. file number 1 of the seizure. Due to the fact that it is in the queue, the sequence table has been sent to this execution file to be made. When the order of foreclosure on the immovable shares subject to the lawsuit is evaluated, the client company is in the first place that it will receive, and there are no issues that will be canceled in the order list that has been made.
LEGAL REASONS: FIRST., HMK. and other relevant legal regulations.
EVIDENCE: Execution follow-up files, land registry records, execution files, expert examination and other all kinds of legal evidence. We reserve the right to present counter-evidence.
CLAIM AND CONCLUSION: For the reasons explained above, we reserve the right to all kinds of claims and lawsuits related to the surplus, provided that;
This case file before your Honorable Court, your Court again … E. it should be combined with a numbered file and your court of trial … Es. continue through the numbered file,
To the rejection of the objection made by the plaintiff to the order and degree decision,
… Of the Enforcement Directorate … E. Acceptance of the order and degree decision edited from the numbered file,
We request and demand that the decision be made to charge the trial expenses and the power of attorney fee to the plaintiff.
Best regards,
Defendant’s Attorney
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