Sample Petition For The Request For Collection Of The Overpayment Made As A Joint Debtor From The Other Debtor
… TO THE JUDGE OF THE COURT OF FIRST INSTANCE;
THE PLAINTIFF :
ADRES :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : This is our petition for the collection of the overpayment made as a joint debtor from the other debtor.
CASE VALUE :
EXPLANATIONS :
1-) Enforcement proceedings were initiated against our client and the defendant of our file (other file debtor) due to the bond with the file numbered ……/…… of ……… Enforcement Directorate. The total file debt is …….- TL and our client signed the bond with the defendant of our file (debtor) by leaving the guarantor section blank.
2-) Our client has paid ……..-TL, which is the entire execution file debt, to the file creditor on …/…/… date. However, due to the reasons stated above and in Article 167 of the Turkish Code of Obligations No. 6098, “Unless otherwise agreed or unless otherwise understood from the nature of the legal relationship between the debtors, each of the debtors is responsible for the performance made to the creditor in equal shares against each other. The debtor who performs more than his share has the right to claim the excess amount from the other debtors. In this case, the debtor may recourse to each debtor only in proportion to his share. The other debtors are obliged to bear the amount that cannot be collected from one of the debtors equally.” Taking into account the provision, our client should be responsible for 1/2 of the original debt of ………-TL due to the fact that he is a joint debtor with the defendant.
3-) We have been obliged to file this lawsuit for the collection of the extra ……-TL made by our client to the bond creditor based on the bond they signed together with the defendant from the defendant together with interest.
LEGAL GROUNDS : 6098 S. Code Art. 167; 6100 S. Code Art. 2, 6
LEGAL EVIDENCES :
1-) ……… Execution Directorate’s file numbered ……/……
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the payment of …….-TL made by our client to the bond creditor be collected from the joint debtor together with default interest, and that the judicial expenses and attorney’s fee be decided to be charged to the other party. …/ …/ …
Counsel for the Plaintiff
………………………………..