PETITION SAMPLE
TO THE ENFORCEMENT LAW COURT ON DUTY
Relevant Enforcement Directorate
Principal No : … Execution Directorate 2022/… E.
Declaration of Ration
Third Party Present :
AGENTS :
DEBTORS :
CLAIMANT :
Attorney :
SUBJECT : The request for submission of our statement of claim and application of Article 99 of the EBL.
EXPLANATIONS :
Your Directorate has come to the address of the client company from the file with the above-mentioned case number. For this reason, we request the submission of our ration declarations and application in accordance with Article 99 of the BEC. As follows;
1- First of all, it should be noted that the file debtor is …. address …. address.(Annex-1: Trade Registry Gazette)
The seized address is the address where the client company continues its commercial activities and has nothing to do with the debtor company. (Annex-2: Tax Plate Sample) The presumption of ownership is in favour of the client company holding the property. On the date of seizure, the address of the client company was entered by a locksmith. Since the client company is in possession, it is presumed to be the owner of the goods. Therefore, the client company will not be under the burden of proof. The burden of proof is on the creditor party.
2- In the seizure report, “the neighbour who refrained from signing the name and signature was asked. He declared that the debtor carries out commercial activities at the address.” are unfounded allegations. The debtor does not have any commercial activity at the address in question.
In the seizure of movables dated … (Annex-3: Seizure report), the movables belonging to the client company were seized by the relevant … Enforcement Directorate in order to decide on the claim of appropriation and left to the debtor as a trustee.
.
As can be understood from the documents attached to our petition;
The address where the seizure was made is not related to the debtor of the file, and the client company operates at the address. The seized goods at the seizure site are the goods belonging to the client company. We also enclose some invoices for the seized movables.(ANNEX-4: Invoices for the seized movables)
… Since the above-mentioned movables seized in the file numbered 2022/… E. of the Execution Directorate belong to the client company, we claim appropriation. Since Article 99 of the Execution and Bankruptcy Law should be applied in the seizure process made with the acceptance of our claim of appropriation, we request that the seizure record be evaluated within the scope of this article and that the creditor be given time to file a lawsuit.Sincerely.23.05.2022
LEGAL GROUNDS : CO, EBL, EBL and any other legal legislation
EVIDENCE : Without prejudice to our rights to present evidence against the evidence of the other party;
Execution Directorate File No. 2022/… E.
Oath
And other evidence
CONCLUSION AND REQUEST : For the reasons explained in detail above and to be taken into consideration ex officio, without prejudice to our rights regarding redundancy;
The decision should be made on the file if possible
To lift the attachment on the sequestrated movables belonging to the client company,
We request that the trial expenses and attorney’s fee be charged to the defendant party.Sincerely.23.05.2022
Plaintiff’s Counsel
Atty.
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