TO THE COMMERCIAL COURT OF FIRST INSTANCE
(REQUESTED AS PRECAUTIONARY)
FILE NUMBER :
LIEN
OBJECT TO THE DECISION
OWNER (BORDERS):
ADDRESS :
ATTORNEY:
ADDRESS :
OPPONENT
(CREDITOR) :
ADDRESS :
ATTORNEY:
SUBJECT OF THE REQUEST: It consists of presenting our objections to the provisional attachment decision.
DATE OF REGISTRATION:
OUR OBJECTIONS: 1- The provisional attachment decision given by your esteemed court ………. of the Executive Directorate ……./…. It was put into enforcement proceedings and implemented with the file no. We object to the provisional attachment decision for the following reasons.
2- As it can be understood from the copy of the bill sent to us with the Payment Order, the Creditor ……… on whose behalf the follow-up is made is not a legitimate creditor. As it is not the beneficiary of the promissory note, it has no endorsement on the promissory note. Whereas …………. According to the provision, the presence of a creditor on the promissory note is one of the obligatory elements of the bill of exchange. In its current state, this promissory note does not have the quality of a bond, therefore, a provisional attachment decision cannot be made based on such a document.
3- Giving a precautionary attachment decision in favor of …… While the name of the creditor requesting payment of the promissory note should be included in the bill as the beneficiary or the endorser-bearer, the creditor does not have the title of creditor in the promissory note. It is unclear how he got the bill.
4- The aforementioned promissory note was given to the beneficiary C by ………, one of the follow-up debtors, due to his existing debts, and the price of the promissory note was paid to the beneficiary on the due date, and the beneficiary gave a payment receipt and stated that he would return the bill after a while, stating that the bill was not in his possession at that time. As we will present in more detail in the negative declaratory action against the creditor, the promissory note was not received from the beneficiary due to the relationship of trust.
5- Due to the execution of the unjust precautionary seizure, my clients’ vehicles were impounded and my clients suffered damage. For this reason, it is a collateral for the compensation lawsuit we will file against the creditor and ………. Enforcement Directorate ……./…. Since we have objected to the enforcement proceedings made with the file numbered principal, it should be decided not to return the guarantee to the creditor by taking measures on the guarantee of the creditor before your esteemed court until the cases are concluded.
6- In this respect, it has become obligatory to file this lawsuit in order to remove the unjustly placed precautionary lien and to take measures on the collateral in order to prevent the return of the amount of the collateral deposited before the court to the creditor.
LEGAL REASONS :
EVIDENCE : Execution Office …./…. Main file, payment receipt and all kinds of legal evidence when necessary.
CONCLUSION AND CLAIM: Due to the reasons explained above, with the acceptance of these objections, we object to the annulment of the precautionary seizure decision, enforcement proceedings and we will file a compensation and negative declaratory action against the creditor. I respectfully submit and request by proxy that it be decided to be charged against the party.
Debtor’s Attorney
Lawyer
(SIGNATURE)
