COMMERCIAL COURT OF FIRST INSTANCE
(PRECAUTIONARY MEASURE IS REQUESTED)
file number :
PRECAUTIONARY FORECLOSURE
APPEAL AGAINST THE DECISION
EDEN (BORROWERS) :
ADDRESS :
attorney :
ADDRESS :
THE OTHER SIDE
(CREDITOR) :
ADDRESS :
attorney :
SUBJECT OF THE REQUEST: It consists of the submission of our objections to the Precautionary foreclosure decision.
DATE OF NOTIFICATION : ………
OUR OBJECTIONS : 1- Precautionary foreclosure decision issued by your honorable court ………. Of the Enforcement Directorate ……./…. It has been put under enforcement proceedings with its main numbered file and implemented. We are appealing the precautionary foreclosure decision for the following reasons.
2- As can be understood from the copy of the bond sent to us with the Payment Order, the Payee whose name is followed is not a legitimate creditor ………. Just as there is no beneficiary of the promissory note, there is no turnover on the promissory note. Whereas …………. according to the provision, the presence of the creditor of the promissory note on the promissory note is one of the mandatory elements of the bond, which is an exchange promissory note. As it is, this promissory note does not have the nature of a bond, therefore, a precautionary foreclosure decision cannot be made based on such a document.
3- It is unclear what kind of right he has on the promissory note …….. the decision to issue an injunction in his favor is clearly contrary to the provision ………. While the name of the creditor who wants the price of the promissory note to be paid to him should be included in the promissory note as a beneficiary or a beneficiary, the creditor does not have the title of creditor in the promissory note subject to follow-up. It is also unknown how he holds the ticker.
4- The promissory note in question was given to beneficiary C by one of the follow-up debtors ……..due to their existing debts, the promissory note price was also paid to the beneficiary on its maturity, and the beneficiary informed that he would return the promissory note after a while by giving a payment receipt with a bet, since the bond was not in his possession at that time. As we will present in more detail in the negative Decertification case that we will file against the creditor, the promissory note was not received from the beneficiary due to the trust relationship between them.
5- Due to the execution of the unjust precautionary seizure, my clients’ vehicles have been seized and my clients have suffered damages. For this reason, it should be a guarantee for the compensation claim that we will file against the creditor, and ………. Of the Enforcement Directorate ……./…. Since we have objected to the enforcement proceedings conducted with the main numbered file, it should be decided that the guarantee should not be returned to the creditor by placing an injunction on the creditor’s guarantee before your Honorable court until the cases are concluded.
6- In this respect, it has become necessary to file a business lawsuit in order to lift the unjustified precautionary seizure and impose an injunction on the collateral to prevent the return of the amount of collateral stored before the court to the creditor.
LEGAL REASONS :
THE EVIDENCE : ……… Of the Enforcement Directorate …./…. Basic numbered file, payment receipt and all kinds of legal evidence if necessary.
CONCLUSION AND REQUEST: For the reasons explained above, with the acceptance of these business objections, I respectfully submit and request by proxy that the injunction be lifted, the enforcement proceedings be appealed and we will file a compensation and negative clearance lawsuit against the creditor, the collateral be provisionally decided not to be paid to the creditor and the trial expenses and the proxy fee be charged to the other party until our appeals and lawsuits are concluded. ../../..
The Debtor’s Representative
The Hunt…………………
(SIGNATURE)