-SAMPLE PETITION-
ANKARA SENTRY ENFORCEMENT OFFICE
ABOLITION OF FORECLOSURE
WISHING
PLAINTIFF (DEBTOR) :
ADDRESS :………
ATTORNEY :
ADDRESS :
PHONE :
DEFENDANT(CREDITOR):
ADDRESS :…………………
SUBJECT OF REQUEST : Ankara ….Executive Directorate ‘s 2021/….. The basis is the presentation of our objections to the flood foreclosure made with the numbered file and our request to remove the foreclosure in question.
INSTRUCTIONS
By creditor plaintiff client A….. B….. against Ankara ….2021 of the Executive Directorate/….. A follow-up has been initiated on the basis of the numbered case file, and the client’s property has been confiscated after the completion of the follow-up.
HR 85. According to the article; “The amount sufficient for all receivables, including principal, interest and expenses, of the creditor from the movable property and immovables and receivables and rights of the debtor, which are in their own reserve or in a third party, shall be foreclosed.it is called “. Despite this, with the follow-up initiated by the creditor, more than enough lien was placed on the receivables in bad faith; flood lien was carried out.
In order to determine the excess of the foreclosure in question, which is contrary to the law and procedure, by us, the defendant creditor C….. E…. against Ankara …. 2021 of the Court of First Instance/….. A case has been opened for detecting a vice with the main numbered file. As a result of the trial held by the court, the acceptance of our rightful case was decided.
The decision stated that the proceedings were unfair and malicious; it was decided to cancel the proceedings, to determine that the client was not owed money, to immediately return the money at the bailiff’s counter to the plaintiff client and to pay the defendant 40% bad faith compensation.
The foreclosure process is illegal. In addition to the fact that the pursuit is unfair and malicious, there is no reason left for the continuation of the seizure. For this reason, it has been necessary to apply to your Court to have the foreclosure on the foreclosed goods lifted.
LEGAL REASONS : IIK (85 and all other articles), HMK, Av. Law and other relevant legislation
EVIDENCE : Ankara ….Executive Directorate ‘s 2021/….. E. The subpoena of the numbered file, Ankara …. 2021 of the Court of First Instance/….. A subpoena of the main numbered file, an expert report (If Deemed Necessary), all kinds of other delail
CONCLUSION AND REQUEST: For all the reasons described above and which will be taken into account by your Court, Ankara …Enforcement Directorate 2021/….. E. We sincerely offer and request the REMOVAL of FLOOD FORECLOSURE made with the numbered file. 11/09/2021
Requesting the Removal of the Foreclosure