Petition For A Case Requesting Negative Determination.
… COURT OF FIRST INSTANCE
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
CASE VALUE : …….. TL
(In cases related to the subject matter of the lawsuit and property rights)
SUBJECT : … It consists of our Negative Determination Request based on 89/3 in the Follow-up File No. …/… of the Execution Directorate.
EXPLANATIONS :
2-) The client has no debt to the debtor … as mentioned. The 3 pickup trucks subject to the sales contract (Annex 2) signed by the client with the non-complaint … on …/…/… date were defective, upon which the said contract was terminated by the client and a lawsuit for compensation was filed against … with the file numbered …/… of the … Court. (Annex 3) This compensation lawsuit was finalized on …/…/…/… and it was decided that the damages arising from the defective goods shall be covered by the non-suit ….
3-) For the reasons we have explained, it has become necessary to file this lawsuit in order to determine that the client is not indebted to the debtor of the proceeding … within the period specified in Article 89/3 of the Execution and Bankruptcy Law No. 2004.
LEGAL GROUNDS : Article 89 of 2004 S. Law.
LEGAL EVIDENCES :
CONCLUSION AND REQUEST : For the reasons we have explained above, we respectfully request on behalf of our client that it be determined that my client does not owe any debt to the out-of-court enforcement debtor …, that the defendant be sentenced to a bad faith compensation not less than 20% of the value of the case due to the defendant’s unfair and malicious enforcement proceedings, and that the judicial expenses and attorney’s fees be imposed on the other party. …/…/…
ANNEXES :
Plaintiff’s Counsel
ATTY.
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