Sample Petition For A Claim For Unjust Enrichment
TO THE CIVIL COURT OF FIRST INSTANCE ON DUTY
ANTALYA
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : … license plate … model … purchased in January of the year …
.. colored … brand vehicle in the name of the plaintiff
to be registered, otherwise the sale price of …-TL
jointly and severally from the defendants to the plaintiff
is the request to be granted.
Value Based on Fee : …-TL (purchase price of the car)
EXPLANATIONS
We are the attorneys for the plaintiff pursuant to the attached power of attorney.
The plaintiff, together with his ex-wife …, purchased the … … model silver … colored … brand vehicle with … … license plate … for a total amount of …,00-TL by giving 2 checks for …-TL in advance …-YTL from the business place called … Gallery in January 2nd year. At the same time, the car was actually delivered to him and he took possession of it.
The agent did not immediately take the registration on his own due to the fact that his (former) wife …, who acted as an intermediary in the purchase of the vehicle, said “you can take the registration transfer of the vehicle whenever you want, there will be no problem” and because of the trust they had in this person, he did not immediately take the registration on his own and started to use the car with the idea that it was his own.
While the representative was using the … license plate vehicle subject to sale for the business of the workplace named … Haber, of which he was the owner/authorized person, and while the vehicle in question was waiting in front of the workplace, it was caught on …04.2007 and towed to the car park.
In the investigation made upon these events, …a …a …a…Execution Directorate 2007/….
The representative plaintiff purchased the vehicle in question by paying the price and at the same time, the vehicle was actually delivered to him and he took possession of it. However, due to the fact that the vehicle, which he has been using for about 2-2.5 years with the idea that he is in good faith, is registered in the name of …, and that these persons have taken the vehicle to the parking lot by making an execution proceeding in a collusive manner long after the sale (although the due date of the promissory note subject to the execution proceeding is …11.2005, the execution proceeding was initiated on …01.2007), it is a clear indication that they acted in bad faith and in collusion
Upon the developments, a complaint application was made by the representative, and subsequently, due to the defendant’s collusive enforcement proceedings and fraudulent actions, A..
a … Criminal Court file numbered 2008/… E. with the file numbered 2008/. As can be seen in the content of this file …Execution Directorate 2007/… E numbered file of the defendants who appear to be creditors from the …r’s … Public Prosecutor’s Office 2007/… In his statement taken on 03.07.2007 with the Investigation No. file, he said “I don’t know anyone called … I don’t know anyone called … I don’t know anyone called … I don’t have any receivables from anyone.” and again in his statement taken on …09.2007, he said “I have receivables from …. …. his wife came and asked me for money and I gave it to her, I got a promissory note in return, I put the promissory note in execution proceedings ….. … is a very sincere friend of mine, I took a promissory note because his financial situation was bad….” contradictory and contrary to the ordinary course of life is a clear indication that they acted in bad faith and in collusion. The DEFENDANTS and MEHMET BAYDAR, who appears to be a creditor in the EXECUTION FILE, ARE ACTING IN CONTRACT AND WITH THE INTENT TO FRAUD.
However, in the face of the events, taking into account the good faith of the attorney and the fact that he bought a car in accordance with the law by paying the price, in order to protect his rights and to prevent the occurrence of irreparable damages, to be valid until the finalization of the decision to be rendered with this lawsuit; ….We request that the file numbered 2007/… E of the Execution Directorate be stopped by injunction until the end of the trial and that the vehicle remain in the trustee until the end of the case.
For the reasons explained above, the attorney in this dispute is a third party in good faith and has purchased and used the vehicle in accordance with the law by paying the price. For this reason, first of all, we demand the registration of the … license plate vehicle in the name of the attorney, and if this is not possible, we demand that the sales price be jointly and severally taken from the defendants and given to the plaintiff, since the defendants are responsible for the return of the sales price.
EVIDENCE
……………….
CONCLUSION – REQUEST
For the reasons explained above and to be taken into consideration ex officio, without prejudice to our other legal rights;
First of all, the file numbered 2007/… E of the … Directorate of Execution No. 2007/… E shall be suspended and an injunction shall be issued for the vehicle to remain in safe custody until the end of the lawsuit,
To register the … license plate vehicle subject to the sale in the name of the plaintiff who is the attorney in traffic, if this is not possible, the legal interest to be accrued from the date of payment of … ,00 TL paid to the defendants from …..2005, which is the date of payment, to be jointly and severally taken from the defendants and given to the plaintiff,
We request that the trial expenses and attorney fees be left on the defendants…/…/2008
Counsel for the Plaintiff
ATTY.
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