Petition For Debt Relief Case
………..TO THE ( ) COURT OF FIRST INSTANCE
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer …………….
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE :………………..TL
SUBJECT OF THE CLAIM :
2021/….. of Ankara …. Enforcement Directorate E. numbered file consists of our request to determine the absence of the alleged debt in accordance with Article 69 of the BEC and to release the client from the debt.
EXPLANATIONS
The plaintiff client (Debtor of the Execution File) objected to the payment order served by Ankara …Execution Directorate’s file numbered 2021/….. E. numbered file of Ankara …Execution Directorate, but the Execution Directorate has decided to temporarily remove the objection. The decision in question has been notified to us; within the time period as follows,
Pursuant to Article 69 of the BEC, “The debtor may file a lawsuit for relief from debt within seven days from the announcement or notification of the decision to lift the objection temporarily, at the court of the place where the proceeding is carried out or at the court of the creditor’s domicile.” It is stated; We are submitting this negative determination case within the time limit.
In the following paragraph of the same article, “In order for this lawsuit to be heard, the debtor must deposit 15 per cent of the receivable subject to the lawsuit in cash to the court cashier until the first hearing day or deposit a bank letter of guarantee or a bank letter of guarantee of the same value to be accepted by the court.” It is stated; and the collateral fee, which is a condition of the lawsuit, has been deposited in the file by us. (ANNEX-1)
.
As we have set forth in the petition of objection to the payment order (Annex-2), there is no debt as claimed by the defendant creditor. The debt claimed by the defendant creditor in the enforcement file is unfair and devoid of legal basis, as well as arising from an invoice that has not specified why and why it was issued. All payments have been made by the client, and it is obvious that such a debt is unfair and devoid of legal basis, and that both the original receivable and the so-called interest and interest rate are contrary to the law and debt relations.
Consequently, for all these reasons explained, as a result of the detailed investigation to be made by your Court, it will be seen that there is no debt that is the basis of the unfair and legally groundless proceeding in question.
LEGAL GROUNDS:
Execution and Bankruptcy Law, Turkish Code of Obligations, Turkish Commercial Code etc. relevant legislation
EVIDENCE :
Subpoena of the Execution Directorate file, invoice dated …/…/…, dispatch documents, e-mail correspondence, witness, expert report, oath, discovery etc. all evidence.
CONCLUSION AND DEMAND :
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1-Acceptance of this lawsuit,
2-Determination that the client A…. B…. is not indebted to the defendant creditor and thus the client is released from the debt,
3-I request that all kinds of trial expenses, fees and attorney fees be left on the defendant party.07/09/2021
Plaintiff Debtor Representative
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