-SAMPLE PETITION-
ANKARA SENTINEL COURT OF FIRST INSTANCE ( )
prosecutor :
ADDRESS :…………………
ATTORNEY :
ADDRESS :
PHONE :
DEFENDANT :
ADDRESS :…………
SUBJECT OF REQUEST : Ankara ….Executive Directorate ‘s 2021/….. E. Paid unfairly because of the numbered file ….. TL, IIK m.it is a request for detection and investigation of a defect filed in accordance with 72.
INSTRUCTIONS
The defendant, the creditor, the client A….. B….. against Ankara ….Executive Directorate ‘s 2021/….. E. With the follow-up initiated through his numbered file, he has collected a receivable that he originally had no right to, in bad faith and with the intention of causing damage to his client. It was necessary to open this case in order to determine that there was no debt subject to the contract that the respondent creditor maliciously initiated and tried to collect unfairly, and to determine the amount charged in the continuation of the work. That is to say;
The defendant creditor is in bad faith against the client for the alleged receivable, to which he was not originally entitled../../…. It has initiated enforcement proceedings in its history. Although the payment order, which was unfairly and baselessly issued by us, was challenged within the period of time, our objection was definitively removed. For this reason, the client paid the file debt under the threat of foreclosure; the defendant collected the so-called receivables from the plaintiff client in this way. At this point, we request a subpoena of the execution case file in question by your Court. (APPENDIX-1)
The documents that we will submit in the october of our petition and the debt that is the subject of the execution file, as we stated in our appeal against the debt, have not acquired the nature of a debt because they do not carry their elements. The collection of this so-called debt is contrary to law and procedure. The alleged debt that exists is unfair and lacks legal basis, as well as the so-called interest and interest rate on both the actual receivable and the operated one is contrary to consumer law, debt relations.
As a result, as we explained above, it is clear that the defendant creditor received unfair profits with the amount paid by the client, even though the client had no debt as mentioned, and in order to remedy the damage suffered by the client unfairly by determining this situation in your court, the work has been obligated to us to settle this restitution case.
LEGAL REASONS : IIK (72 and all other articles), HMK, Av.Law and other relevant legislation
EVIDENCE : Ankara ….Executive Directorate ‘s 2021/….. E. No. 1 subpoena, Expert report (If Deemed Necessary), All kinds of other delail
(We reserve the right to present evidence against the evidence provided by the other party.)
CONCLUSION AND CLAIM: For all the reasons described above and which will be considered by your court you’re,
1-Client A…. Determination that B… is not owed to the respondent creditor,
2-Ankara …Executive Directorate 2021 /…. E. THE subject of the numbered file IS TO CANCEL THE TRACKING IN THIS WAY,
3- The client does not owe money, but has to pay ….. With a payment date of TL../../…. From the date of legal interest to restitution,
4-All kinds of trial fees and expenses, as well as fees for the assignment of power of attorney to the other party,
We request that the decision be made by proxy. 04/09/2021
Who Is Requesting an Istirdat