…….. COURT OF FIRST INSTANCE
PLAINTIFF (DEBTOR) :
PLAINTIFF’S ATTORNEY :
DEFENDANT (CREDITOR) :
SUBJECT OF THE CASE : It is an action for relief from debt.
FACTS : 1- The defendant …………. has filed a lawsuit against my client ………. ………. …. with the claim that it has a receivable. ………. (……………..) TL by way of general attachment with the follow-up file numbered ……../…. of the Enforcement Directorate. However, since the debt on the promissory note, which is the basis of the enforcement proceedings, was previously paid by my client, the entire debt was objected and the enforcement proceedings were stopped.
2- In the face of the suspension of the enforcement proceedings, the creditor applied to the Execution Execution Authority Judge and the Execution Execution Authority Judge decided to temporarily remove the objection due to my client’s inability to show the receipts regarding the payment made to the bank.
3- However, my client has now received the annual statements of the bank and has paid his debt to the creditor, as can be clearly seen there. As a result of the examination to be made by your honourable court, it will be seen that my client has paid his debt. The collateral required to be deposited pursuant to Art. 69 of the PD has been deposited at the court cashier’s office and a copy of it is attached hereto.
4- Due to the temporary removal of the objection made by my client despite the creditor’s payment of the debt, it has become necessary to open this debt relief case in accordance with …………
LEGAL GROUNDS :
EVIDENCE : …… ….. Execution Directorate’s ……./…. main numbered follow-up file, Bank statement and all kinds of legal evidence when necessary.
CONCLUSION AND REQUEST : For the reasons mentioned above; we respectfully request and demand that our lawsuit be accepted and it be decided that my client does not owe the creditor the debt in question, that the defendant be sentenced to ….. compensation and that the defendant be charged with the costs of the trial and attorney fees. ../../..
Plaintiff Attorney
Hunting………………….
(SIGNATURE)
ANNEX: