Petition For Removal Of Seizure
-SAMPLE PETITION-
ANKARA DUTY ENFORCEMENT JUDGE
CANCELLATION OF SEIZURE
WANTED
PLAINTIFF (DEBTOR) :
ADDRESS :………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
DEFENDANT (CREDITOR):
ADDRESS :…………………
SUBJECT OF REQUEST :
Ankara …. Enforcement Directorate’s file numbered 2021/….. The subject of our request is the presentation of our objections to the overflow attachment made with the file numbered 2021/ and our request for the removal of the said attachment.
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 proceeding was initiated through the file numbered 2021/ B, and the client’s goods were seized upon the finalisation of the proceeding.
According to Article 85 of the BEC; “The amount sufficient for all receivables of the creditor, including the principal, interest and expenses, from the movable property and immovable property and receivables and rights of the debtor in his own possession or in the possession of a third party shall be seized.” Despite this, with the proceeding initiated by the creditor, more than the amount sufficient for the receivables has been seized in bad faith; excessive seizure has been realised.
In order to determine the excessive attachment in violation of the law and procedure, we, the defendant creditor C….. D…. against Ankara …. Ankara Civil Court of First Instance file numbered 2021/….. With the file numbered 2021/ Esas, a negative determination lawsuit was filed. As a result of the trial held by the court, it was ruled to accept our justified lawsuit.
In the decision, it was stated that the proceeding was unfair and malicious; it was decided to cancel the proceeding, to determine that the client is not indebted, to immediately return the money in the execution cashier to the plaintiff client and to pay the defendant 40% bad faith compensation.
The foreclosure is unlawful. In addition to the proceedings being unfair and in bad faith, there is no longer any reason to continue the attachment. For this reason, it has become necessary to apply to your Court to lift the attachment on the goods subject to attachment.
LEGAL GROUNDS :
EBL (85 and all other articles), CPC, Law of Attorneys and other relevant legislation
EVIDENCE :
2021/….. of Ankara …. Enforcement Directorate E. numbered file subpoena, Ankara …. Civil Court of First Instance 2021/….. Subpoena to the file numbered Esas, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration ex officio by your Court, we respectfully request and demand that the RAIDING SEIZURE made by Ankara …Execution Directorate’s file numbered 2021/…. E. numbered file of the Ankara …Execution Directorate, we respectfully request and demand that the overflowing seizure be lifted. 11/09/2021
Requesting Removal of Seizure
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