Request For Removal Of Block On Debtor’s Account
TO THE CIVIL COURT OF FIRST INSTANCE
PLAINTIFF: TC No:
ADDRESS:
ATTORNEY: :
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: This petition concerns our request to lift the block placed by the defendant bank on the account of our debtor ….. at the … Branch of …. Bank, as stated in the file numbered …/… E. of the … Enforcement Directorate.
OUR EXPLANATIONS
1-) Our client initiated enforcement proceedings against the debtor … … with the …/… e. numbered file of the … Enforcement Directorate, and the proceedings became final on …/…/…, and our client also filed a request for seizure on …/…/…, and the enforcement directorate notified the … Branch of the … Bank of the seizure of the debtor’s account. Bank’s … Branch.
2-) Upon notification of the garnishment request to the defendant bank, the bank sent a response letter to the enforcement office on …/…/…, stating, “The account of …, for which garnishment is requested, is held at … The debtor in file no. …/… e. of the enforcement office took out a mortgage loan in the amount of …….. TL from the bank on …/…/…, and due to the non-payment of the last … installment of the loan installments in accordance with the contract between the bank and the debtor, the bank has blocked the funds in the account for which the attachment is requested.”
3-) Although the defendant bank stated that attachment could not be placed on the debtor’s account in the file numbered …/… e. of the Enforcement Directorate …, the debtor has established a mortgage in favor of the bank on a property in accordance with the loan agreement between the bank and the debtor. Therefore, since the bank has a mortgage established in its favor to cover its claim and is not obliged to cover its claim from the account subject to attachment, it is self-evident that the block placed on the account is unfounded.
4-) For all the reasons explained above, it is necessary to request the removal of the block placed by the bank on the debtor’s account in the file numbered …/… e. of the … Enforcement Directorate with this petition.
LEGAL GROUNDS: 2004 S. K. m. 85,86; 6100 S. K. m. 2, 6, 14.
LEGAL EVIDENCE: 1-) The attachment notice sent to the bank
2-) The Bank’s Response Letter dated …/…/…
3-) The Housing Loan Agreement dated …/…/…
4-) File No. …/… E. of the … … Enforcement Directorate
CONCLUSION AND REQUEST: For the reasons explained above, we request, on behalf of our client, that the block placed by the defendant bank on the debtor’s account in the file numbered …/… E. of the … Enforcement Directorate be lifted and that all litigation costs and attorney’s fees be borne by the opposing party. …/…/…
ATTACHMENTS:
Plaintiff’s Attorney