SAMPLE Petition-
TO ANKARA CIVIL COURT OF FIRST INSTANCE ( ) ON DUTY ( )
Plaintiff:
ADDRESS :……
ATTORNEY:
ADDRESS :
TELEPHONE :
DEFENDANT:
ADDRESS :……………………………….. Batıkent Yenimahalle Ankara
SUBJECT OF THE REQUEST: It consists of our request that the absence of the alleged debt from the file numbered 2021/…..E of Ankara ….Executive Directorate be determined in accordance with EBL article 69 and that the client be relieved of debt.
DESCRIPTIONS
Although the plaintiff client (Debtor of the Execution File) filed an objection against the payment order notified within the scope of the file numbered 2021/…..E of Ankara …Execution Directorate, it was decided to remove the objection temporarily by the Enforcement Directorate. The said decision has been communicated to us; During that time,
Pursuant to article 69 of the EBL, “The debtor can file a lawsuit for relief from debt in the court of the place where the follow-up is made or the place of residence of the creditor within seven days from the promulgation or notification of the decision to temporarily cancel the objection.” It is said; We are substituting this negative declaratory action within the period.
In the following paragraph of the same article, “In order for this case to be heard, the debtor must deposit 15 percent of the receivable in cash at the court cashier until the first hearing, or deposit bonds and bonds of the same value or bank guarantee letter to be accepted by the court.” It is said; The security deposit, which is the condition of the lawsuit, has also been deposited into the file by us. (ANNEX 1)
As we have revealed in the petition of objection to the payment order (Annex-2), there is no debt as claimed by the defendant creditor. The debt claimed by the defendant creditor in the execution file is unfair and devoid of legal basis, as well as arising from an invoice for which it was not specified why and why it was drawn up. All payments have been made by the client, and there is no explanation that such a debt is unfair and without legal basis, and that both the actual receivable and the alleged interest and interest rate operated are against the law and debt relations.
Consequently, for all these reasons explained, it will be seen as a result of the detailed investigation to be carried out by your Court that there is no debt, which is the basis of the proceedings in question, which is unfair and devoid of legal basis.
LEGAL REASONS: Execution and Bankruptcy Law, Turkish Code of Obligations, Turkish Commercial Code etc. relevant legislation
EVIDENCE: Subpoena of the file of the Enforcement Directorate, invoice dated …/…/…, referral documents, mail correspondence, witness, expert report, oath, discovery, etc. all delail.
CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account by your Court ex officio:
1- ACCEPTANCE of this lawsuit,
2-Client A…. It is determined that B… is not indebted to the defendant creditor and thus the client gets rid of the debt,
3- I request that it be decided that all kinds of litigation expenses, fees and attorney’s fees be left on the defendant party. 07/09/2021
Plaintiff Debtor’s Attorney
