Example Of A Petition For A Lawsuit For Restitution (Receivable)
.. TO THE CIVIL COURT OF FIRST INSTANCE ON DUTY
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
CASE BASIS VALUE :3.860,51-TL (Without prejudice to our rights regarding the excess)
SUBJECT : Receivable Lawsuit.
EXPLANATIONS :
We are the plaintiff’s attorney in accordance with the attached power of attorney.
The representative …Cumhuriyet Mah. .. Cad. No: 1/A ../… is engaged in car rental business. The defendant … wanted to rent the Hyundai brand i20 model … license plate vehicle on …/…/2018, and a Rental Agreement dated …/…/2018 was signed between them (Annex-1: Rental agreement dated ../…/2018 signed between the attorney-in-fact and the defendant).
The defendant had an accident with the vehicle belonging to the attorney and was found 100% at fault as a result of the accident. As a result of this accident, 2.750,51-TL damage occurred on the vehicle (Annex-2: Waybill Invoice). As a result of the accident, the vehicle stayed in the service for 4 days, and the attorney-in-fact incurred 700,00-TL expenses due to the vehicle staying in the service for 4 days and going to the service to check the vehicle.
Due to this accident, the 15% no-claim discount under the insurance of the vehicle was canceled and the representative lost the right to use the no-claim discount in the next period. If this accident had not occurred, the traffic insurance of the vehicle would have dropped from Step 4 to Step 5, which would have resulted in a minimum discount of 400.00-TL on the relevant insurance fee in the next period. This issue will be clearly seen when the insurance policy is examined.
Considering all these issues explained in detail above, it has become necessary to file this lawsuit.
LEGAL GROUNDS : TCO, CCP, TCC and related legislation
EVIDENCE :
The lease agreement dated …/…/2018 signed between the attorney and the defendant (Annex-1)
Waybill Invoice (Annex-2)
Discovery and expert examination,
Witness statements, oaths and any other evidence.
CONCLUSION – REQUEST :
For the reasons explained above and to be taken into consideration ex officio, without prejudice to all our rights to claim and sue for more,
With the acceptance of our rightful lawsuit, the amount of 3.860,51-TL as the cost of the damage suffered by the client due to the accident caused by the defendant to be taken from the defendant and given to the client,
We request by proxy that the judicial expenses and attorney’s fee be left on the defendant. Saygılarımızla.28.04.2018
Counsel for the Plaintiff
Atty.
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