… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE;
PLAINTIFF:
TURKISH REPUBLIC IDENTITY NUMBER:
ADDRESS:
REPRESENTATIVE:
(If applicable, the legal representatives of the parties)
ADDRESS:
(If applicable, the legal representatives of the parties)
DEFENDANT:
ADDRESS:
SUBJECT: Claim for recovery of overpayment made as a joint debtor from the other debtor
VALUE OF THE CLAIM:
(In cases concerning property rights)
EXPLANATIONS:
1-) Enforcement proceedings have been initiated against our client and the defendant in this case (the debtor in the other case) by the …… Enforcement Directorate under file number ……/…… due to a promissory note. (APPENDIX-1) The total debt in the enforcement file is …….- TL, and our client signed the promissory note with the defendant (debtor) in our case, leaving the guarantor section blank.
2) Our client paid the entire debt of the enforcement file, ……..- TL, to the creditor on …/…/…. However, for the reasons stated above and taking into account Article 167 of the Turkish Code of Obligations No. 6098, which states, “Unless otherwise agreed or understood from the nature of the legal relationship between the debtors, each debtor is equally liable to the other for the performance made to the creditor. A debtor who performs more than his share has the right to claim the excess amount from the other debtors. In this case, the debtor can only seek recourse from each debtor in proportion to their share. The amount that cannot be collected from one debtor shall be equally borne by the other debtors,” it is necessary for our client to be liable for 1/2 of the principal debt of ……-TL, as he is jointly and severally liable with the defendant.
3) We have been compelled to file this lawsuit to recover from the defendant the excess amount of ……-TL, plus interest, that our client paid to the creditor of the promissory note based on the note signed jointly with the defendant.
LEGAL GROUNDS: Law No. 6098, Article 167; Law No. 6100, Articles 2 and 6
LEGAL EVIDENCE:
1-) File No. ……/…… of the ……… Enforcement Directorate (Your Court will need to obtain it.)
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the payment of …….-TL made by our client to the promissory note holder be collected from the joint debtor together with default interest, and that the court costs and attorney’s fees be borne by the opposing party. …/ …/ …
Plaintiff’s Attorney
Attorney
ATTACHMENTS:
1-) One certified copy of the power of attorney