FIRST COMMERCIAL COURT
(REQUESTING AN INJUNCTION)
FILE NO:
PRECAUTIONARY SEQUESTRATION
APPEAL AGAINST JUDGEMENT
THE (DEBTORS) :
ADDRESS :
PROXY :
ADDRESS :
AGAINST PARTY
(CREDITOR) :
ADDRESS :
PROXY :
SUBJECT OF REQUEST : It consists of presenting our objections to the precautionary attachment decision.
DATE OF NOTIFICATION : ………
OUR OBJECTIONS : 1- The interim attachment decision issued by your honourable court ………. Enforcement Directorate’s ……./…. The execution proceeding has been put into execution proceeding with the file numbered Esas and has been implemented. We object to the interim attachment decision for the following reasons.
2- As it can be understood from the copy of the bond sent to us with the Payment Order, the Creditor ………, on whose behalf the execution proceeding is made, is not a legitimate creditor. It is not the beneficiary of the promissory note, nor does it have an endorsement on the promissory note. However, pursuant to the provision of …………., the presence of the creditor of the bill on the bill is one of the mandatory elements of the bill of exchange, which is a bill of exchange. As such, this promissory note does not qualify as a bill of exchange, therefore, a precautionary attachment decision cannot be made on the basis of such a document.
3- Making a precautionary attachment decision in favour of …….., which is not clear what kind of right it has on the promissory note, is clearly contrary to the provision of ………. While the creditor who wants to be paid the price of the promissory note to be paid to him should be named on the promissory note as the beneficiary or ciranta-holder, the creditor does not have the title of creditor in the promissory note subject to the proceeding. It is also unknown how he holds the promissory note.
4- The promissory note in question was given to the beneficiary C by ………, one of the debtors of the proceedings, due to his existing debts, and the price of the promissory note was paid to the beneficiary on the due date, and the beneficiary stated that he would return the promissory note after a while by giving a receipt of payment on the grounds that the bond was not in his possession at that time. As we will present in more detail in the negative assessment case we will file against the creditor, the promissory note was not taken from the beneficiary due to the trust relationship between them.
5- Due to the execution of the unjust precautionary attachment, my clients’ vehicles were seized and my clients suffered damages. For this reason, it will be used as collateral for the compensation lawsuit we will file against the creditor and ………. ……./…. Since we have objected to the execution proceedings made with the file numbered /, it is necessary to put an injunction on the creditor’s collateral before your honourable court and to decide not to return the collateral to the creditor until the lawsuits are concluded.
6- In this respect, it has become necessary to file this lawsuit in order to remove the wrongfully imposed interim attachment and to place an injunction on the collateral in order to prevent the return of the collateral amount deposited before the court to the creditor.
LEGAL GROUNDS :
EVIDENCE : ……… …./…. of the Enforcement Directorate File numbered /, payment receipt and all kinds of legal evidences when necessary.
CONCLUSION AND REQUEST : For the reasons explained above, with the acceptance of our objections, I respectfully request and request by attorney that the precautionary attachment decision be lifted, that the collateral not be paid to the creditor as a precautionary measure until the conclusion of our objections and lawsuits due to our objection to the enforcement proceedings and the fact that we will file an action for damages and negative determination against the creditor, and that the judicial expenses and attorney’s fees be charged against the counterparty. ../../..
Debtor Representative
Lawyer…………………
(SIGNATURE)
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