Petition For Stay Of Execution
-SAMPLE PETITION-
ANKARA DUTY ( ) ENFORCEMENT JUDGE
SUSPENSION OF EXECUTION
REQUESTING
PLAINTIFF (DEBTOR)
ADDRESS :………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
DEFENDANT (CREDITOR):
ADDRESS :…………………
SUBJECT OF REQUEST :
Ankara …. Enforcement Directorate’s 2021/….. It is our request to decide to postpone the execution proceedings made with the file numbered as Esas.
EXPLANATIONS
By the creditor against the plaintiff client A….. B….. against the plaintiff client A…. B….. through the file numbered 2021/….. of Ankara …. Enforcement Directorate The execution proceeding with judgement was initiated through the file numbered 2021/…. (Annex-1) and the execution order was notified to us on ../../…..
Pursuant to Article 33 of the BEC, we submit our requests for the suspension of execution within the legal period as follows. Namely
Pursuant to Article 39 of the BEC, it is stated that “The proceedings based on the execution expire ten years after the last transaction.” The judgement subject to the proceeding, between the plaintiff client and the defendant creditor ../../…. On the date, ….. TL (Annex-2), and the statute of limitations accepted pursuant to the EBL has expired between the date of commencement of the said promissory note and the date of follow-up.
Consequently, this proceeding initiated in violation of the procedure and the law is malicious and unfair. There is no such debt belonging to the client. For all these reasons, it has come to our attention to request the cancellation of this unfair enforcement proceeding initiated against the client.
LEGAL GROUNDS :
BEC (33-39 and all other articles), CCP, Law on Attorneys and other relevant legislation
EVIDENCE :
Ankara ….Execution Directorate’s 2021/….. E. numbered file subpoena, ../../…. dated promissory note, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1- Plaintiff client A….. B….. to withdraw the execution proceedings initiated against the plaintiff client A….. in accordance with Article 33 of the BEC,
2- We request and demand that the judicial expenses and attorney’s fee be decided to be left on the other party. 14/09/2021
Requesting Suspension of Execution
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