Negative Determination Case With Request For Provisional Measures
CIVIL COURT OF FIRST INSTANCE
Application for Provisional Measures.
Plaintiff: A…….. (Debtor)
Defendant: B…….. (Creditor)
Case : Determination of non-indebtedness and request for provisional measures
Evidence : 1. Receipt dated …………, enforcement case file no. ……/….., expert examination, and all other legal evidence
Legal Provisions : IİY 72 and related legislation
Explanations:
1. The defendant creditor B….. initiated an enforcement proceeding against me through the …….. Enforcement Directorate’s case file no. …/…. for an amount of ……… TL.
The promissory note relied upon in the enforcement proceeding is forged. It does not belong to me. The signature on the said promissory note was not made by me.
In this context, I will prove the forgery of the promissory note subject to the enforcement proceeding. I have no debt to the defendant.
Until the conclusion of this case, I also request that a provisional measure be issued to prevent the payment of the promissory note amount to be deposited with the Enforcement Office to the defendant.
Request and Conclusion: For the reasons explained above, I request that the ……… TL promissory note specified in the ……. case file of the …… Enforcement Directorate be determined to be forged, that I am not indebted to the plaintiff, that a provisional measure decision be issued to prevent the payment of the promissory note amount to be deposited with the enforcement office to the defendant until the conclusion of the case, that 20% compensation for bad faith be collected from the defendant due to the unjust and malicious nature of the enforcement proceedings, and that the costs be borne by the defendant.
Plaintiff