Statute of Limitations Case Petition Sample
…TO THE ENFORCEMENT LAW COURT ON DUTY
Relevant Enforcement Directorate
Principal No : …Enforcement Directorate 2022/… E.
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : …Execution Directorate’s File No. 2022/… E. consists of our request for the cancellation of the proceeding since it has expired.
EXPLANATIONS :
2- In the enforcement proceedings subject to the case, the last transaction was carried out on …2011, and then the file was renewed with the renewal request dated …2022 and the transactions continued. The last transaction made while the file is in its current state is dated 2011, therefore, as of 2021, the 10-year statute of limitations has expired in accordance with Article 146 of the TCO.
3- As explained above, it will be seen when the enforcement proceedings file subject to our file is examined; Since no action was taken by the creditor side in the file within the specified date intervals, our debt has expired. Since the debt subject to the proceeding has expired, it is necessary to decide to cancel the proceeding. In order to prevent irreparable consequences for the client, we request that your court not to take any action against the client in the enforcement file until the decision is made by your court and to stop the proceedings.
In addition, since the case at hand does not require a trial and the examination of the enforcement file will be sufficient, we request that the decision be made on the file.
LEGAL GROUNDS : CO, EBL, EBL and any other legal legislation
EVIDENCE : Without prejudice to our rights to present evidence against the evidence of the other party;
… Execution Directorate File No. 2022/… E.
Oath and other evidence
CONCLUSION AND REQUEST : For the reasons explained in detail above and to be taken into consideration ex officio, without prejudice to our rights regarding excess;
Since the debt subject to the proceedings is time-barred, the execution proceedings shall be suspended without collateral as a precautionary measure for the client,
The decision should be made on the file, if possible
…Execution Directorate’s file numbered 2022/… E. to defer the execution due to statute of limitations and to cancel the proceedings,
We request that the trial expenses and attorney’s fee be charged to the defendant party.Sincerely.23.05.2022
Plaintiff’s Counsel
Atty.
You can access our other article examples and petition examples by clicking here.