Contractual Claims
………………… TO THE JUDGE OF THE COURT OF FIRST INSTANCE,
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
VALUE OF THE CASE : ……………..- TL
SUBJECT :
EXPLANATIONS :
1-My client …. In the year …. …………….. signed a contract dated …/…/… with the defendant party to buy a tractor. (ANNEX 1) However, our client suffered damages because the vehicle he bought from the defendant constantly malfunctioned and for this reason, he was taken to the technical service at various times and could not use it for a long time. (ANNEX 2)
2-According to the article …… of the contract in question; payments will be made by check. As it can be understood from the attached current account table (Annex 3), our client has made its payments regularly on the dates specified in the contract in accordance with its responsibility.
3- However, the defendant did not fulfill its responsibilities as required by this contract, and in order to fulfill the performances subject to the contract by us …/…/… on …. Although a warning was drawn by the Notary Public with the notice numbered …. (Annex 4), no concrete step has been taken by the defendant to fulfill the obligations.
4- In the light of the issues explained above, it has become necessary to file this lawsuit.
LEGAL GROUNDS : 6098 S. Code Art. 49, 50, 51, 52.
LEGAL EVIDENCE :
1-The contract dated …/…/…/…dated between the parties
2- Invoices and documents for all repairs made until the date of the lawsuit
3-Current account statement
4-…Notary Public’s notice dated …/…/…/…dated …/…/… with journal number …
5-Informed Expert Review
6-Commercial books and records
CONCLUSION AND REQUEST : For the reasons stated above and without prejudice to our right to claim and sue for more, due to the fact that the construction equipment purchased by our client from the defendant was defective and could not be used at all…….. TL receivable from the defendant together with the monthly ………. interest to be calculated from the date of the lawsuit, we respectfully request and demand that the judicial expenses and attorney’s fee be decided to be charged to the defendant. …/…/…
Plaintiff’s Counsel