TO ANKARA EXECUTIVE JUDGE ON DUTY
REMOVING THE LIEN
WANTING
APPLICANT (DEBTOR) :
ADDRESS :………
ATTORNEY:
ADDRESS :
TELEPHONE :
DEFENDANT (CREDITOR):
ADDRESS :………………………
SUBJECT OF THE REQUEST: It is the presentation of our objections to the overflow seizure made with the file numbered 2021/….. of the Ankara ….Executive Directorate and our request for the removal of the said attachment.
DESCRIPTIONS
Proceedings were initiated by the creditor against the plaintiff client A….. B….. over the file numbered 2021/….. of Ankara ….Executive Directorate, and the client’s properties were seized upon the finalization of the proceedings.
According to Article 85 of the EBL; It is said, “The debtor’s movable properties and immovables, receivables and rights, which are in his own possession or in the third party, shall be confiscated in an amount sufficient for all the receivables of the creditor, including principal, interest and expenses.” Despite this, with the follow-up initiated by the creditor, a lien was placed on more than sufficient amount for the receivables, maliciously; flood lien.
In order to determine the excessiveness of the seizure in question, which is against the law and procedure, we, the defendant creditor C….. D…. against Ankara …. With the file numbered 2021/….. of the Civil Court of First Instance, a negative declaratory action has been filed. As a result of the trial held by the court, it was decided that our rightful case be accepted.
In the decision, it was stated that the follow-up was unfair and malicious; it was decided to cancel the proceedings, to determine that the client is not indebted, to immediately return the money in the execution cashier to the plaintiff client and to pay 40% bad faith compensation to the defendant.
The foreclosure is against the law. Besides the fact that the pursuit is unfair and malicious, there is no reason for the continuation of the lien. For this reason, it has become necessary to apply to your Court for the removal of the lien on the seized property.
LEGAL REASONS :
EVIDENCE: Subpoena of Ankara ….Executive Directorate’s file numbered 2021/…..E, Ankara …. Subpoena of the Civil Court of First Instance file no. 2021/….., Expert report (if deemed necessary), All kinds of other claims
CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account ex officio by your Court, Ankara …Executive Directorate’s 2021/…. We respectfully supply and demand the REMOVING OF THE FLOOD FOREWORD with the file no. E. 11/09/2021
Requesting Foreclosure
