REPUBLIC ATTORNEY GENERAL’S OFFICE
………….
COMPLAINANT :
AGENT :
SUSPECT :
CRIME : Loss of Execution Proceedings File
DATE OF CRIME :
EXPLANATIONS
1- Due to a receivable of my client, an execution proceeding was initiated against the debtors with the file numbered …../…… of ……… Enforcement Directorate. In this file, immovable properties belonging to the debtors have been sequestrated. When we applied to the execution office to take action on the execution file and to initiate the sale of immovable properties, it was seen that the execution file was not in place. Despite all our calls and warnings, the execution file could not be found.
2- We applied to the Directorate of Institutional Archives on ………. However, a negative response was received. The Enforcement Directorate asked for time to search for the file and this time was given to them. Despite the time elapsed, the execution file could not be found and the execution directorate asked us to ask the archive again.
3- Upon this, an application was made again to the Archive Directorate of the institution on ……….. However, a negative response was received again. Finally, as can be seen, a very long time has passed.
4- In this case, we requested to renew the proceedings to the execution directorate on ……….. The execution file could not be found again and again a letter was written to the Archive Directorate of the institution on ………… However, a negative response was received again.
5- On the other hand, as a result of our researches, it was understood that the execution directorate requested that the file be sent to the archive of the institution by the execution directorate on the date of ……….. However, it was reported that this letter was also responded negatively by the archive of the institution and that the file was not delivered to them.
6- As can be understood from all these explanations and the attached documents, although the Enforcement Directorate was given a very long time, they could not find the enforcement proceeding file that we are the creditor. The file under the responsibility of the Enforcement Directorate has been lost. In the course of time, our continuous applications have remained inconclusive and our file has not only not been protected by the Enforcement Directorate, but also has not been found. In all the answers given by the Institution Archive Directorate, it clearly stated that “the file was not delivered to them”. As it is known, our receivable rights depend on this follow-up file. In a state of law, the collection of receivables is carried out according to the rules of enforcement law. If it is the institution that undertakes this task, the defects of the Enforcement Directorate officers are indisputable. In this case, it has become necessary to file a complaint against the aforementioned enforcement office officers who lost and could not find the enforcement file under their responsibility to the detriment of my client.
LEGAL REASON : Turkish Penal Code No. 5237 and Law No. 2004, relevant legislation.
LEGAL EVIDENCE : Witness statements, other evidence,
CONCLUSION AND REQUEST : For the reasons explained above, I request that the necessary investigation be carried out and a public lawsuit be opened against the officers of the ………. Enforcement Directorate, who are responsible for the loss and non-finding of the aforementioned execution file and who are responsible according to the legislation, in order to punish them for the acts they have committed.
Attorney for the Complainant
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