Application For Provisional Attachment
To the Commercial Court of First Instance
Party requesting the provisional attachment order: A…
Opposing party: B…
Subject: Request for a provisional attachment order
Explanations
1. The debtor B… has incurred a debt of …….. TL in exchange for goods received from me pursuant to a promissory note dated …../…/….. and due on …../…/….. As stated in the promissory note, the debtor has failed to pay the debt despite the due date having passed.
2. Despite the issuance of a protest notice dated … and numbered …, the debtor has failed to pay the debt and has defaulted.
3. I have learned that the debtor owes money to multiple individuals and is quickly disposing of his movable and immovable property. My claim is not secured by a pledge.
4. If enforcement proceedings are delayed, the collection of the debt will be jeopardized. Therefore, it has become necessary for me to file this application for provisional attachment.
Legal Evidence: Promissory note dated …, notice of default dated …, and all other relevant evidence
Legal Grounds: Article 257 and subsequent provisions of the Enforcement and Bankruptcy Law
Conclusion and Request: The total amount of the claim is ……… TL, consisting of the promissory note amount of ……… TL and protest expenses of ……… TL. TL, I respectfully request that a provisional attachment be imposed on the movable and immovable property of the debtor B… and their rights and claims held by third parties in accordance with Articles 257 and subsequent provisions of the Turkish Code of Obligations, and that the costs be borne by the debtor.
……../……./…….
Attachment: 1. Promissory note Requesting provisional attachment
Protest A (creditor) …