Petition For Objection To Claim Of Appropriation
-SAMPLE PETITION-
ANKARA ( ) ENFORCEMENT OFFICE
CLAIM FOR EMPLOYMENT
OBJECTOR :
ADDRESS :……………………………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
SUBJECT OF REQUEST :
Ankara ….Execution Directorate’s file number 2021/….. This is the presentation of our objections to the claim of appropriation against the attachment made with the file numbered 2021/.
EXPLANATIONS
The file numbered 2021/….. of Ankara …. Execution Directorate, submitted by the creditor client With the file numbered 2021/…. (ANNEX-1), the decision to attach the goods of the debtor of the file, D…. E…., the decision to seize the goods of the debtor of the file was finalised; while the seizure process was carried out on …/…/…., the goods at the debtor’s residence address were seized for the collection of the client’s receivable.
Debtor D…. E…. submitted a petition dated ../../…. to the file of your Directorate; with this petition, he claimed that the ownership of the seized goods belongs not to him, but to the third party A….. B….., not him. We have come to the point of objecting to the unfounded allegations subject to this petition within the time limit. Namely
The seizure process ……………………………….. where the file debtor resides Batıkent Yenimahalle Ankara address where the debtor resides. The execution order was served to this address and this is the debtor’s residence address. Therefore, we object to the claim of appropriation made by the third party in this respect.
Although it is claimed that an objection was raised during the seizure process, neither the debtor nor any other person claimed that the goods subject to seizure did not belong to the debtor. With this claim, the third party only aims to ensure that the enforcement proceedings are postponed, just like the other claim.
It is clear that there is a collusion between the file debtor and the third party claiming appropriation in order to ensure the suspension of the enforcement proceedings. For this reason, we request a decision to send the file to the … Execution Court Judge within the time limit in accordance with EBL 97.
LEGAL GROUNDS :
BEC (97 and all other articles), CCP, Law on Attorneys and other relevant legislation
EVIDENCE :
Ankara ….Execution Directorate’s 2021/….. E. numbered file subpoena, Invoices related to the goods subject to seizure, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration ex officio by your Court, we respectfully request and demand that the file numbered 2021/…. E. numbered file of Ankara … Execution Directorate to the … Execution Court Judge. 10/09/2021
Objection to the Claim of Appropriation
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