Petition For Receivable Lawsuit
…. TO THE HONORABLE JUDGE
REQUEST FOR CAUTION
……. THE PLAINTIFF :…….
DEFENDANT :…….
ATTORNEY:…….
CASE : Claim for debt
SUBJECT : It is the request for the collection of our client’s ……. receivable together with legal interest.
EXPLANATIONS: 1-Our client sold a passenger car to the defendant on ……… According to the written contract between them, the defendant paid ……. in advance and agreed to pay the remaining ……. in installments. If one of the installments is not paid, the other will be deemed due. In addition, the defendant has also consented to our client’s unsecured injunction and precautionary attachment in case of non-payment.
2-Our client delivered the vehicle to the defendant on the promised day and notarized the sale. He also delivered all kinds of receipts to the defendant that the vehicle had no tax and stamp debt.
3- The defendant ……. did not pay the installment of ……., which should have been given to our client, and did not respond to our client’s numerous calls.
4-Our client heard that the defendant took the vehicle to the car market to sell it and later learned that the defendant had deceived several other people in this way and did not pay their money.
5-Our client wants the defendant’s receivable of ……., which the defendant must pay in accordance with the contract, to be paid together with the interest to be accrued from the date of the installment. Because the first installment has not been paid according to the contract, the second installment is also considered due. In addition, in order for our client not to be victimized later, he also wants an injunction to be placed on the license plate of the vehicle he transferred to the defendant in order to prevent its transfer to third parties – without requiring a guarantee from my client in accordance with the contract.
LEGAL GROUNDS : Relevant provisions of the Code
EVIDENCE : Dated sales contract, witnesses and other legal evidence.
TIME FOR ANSWER : 10 days.
RESULT OF THE REQUEST: For the reasons explained, our client’s ……. receivable from the defendant ……. to be collected from the defendant together with the legal interest to be calculated from the installment dates, in order to prevent our client from being victimized later, in order to prevent the transfer of the license plate of the vehicle … … …. license plate numbered vehicle in order to prevent the transfer of the license plate numbered vehicle to third parties – without requiring collateral from my client in accordance with the contract -, to impose an injunction, to impose the costs of the proceedings on the defendant, to award the counterparty attorney fee on our behalf as a lawyer in accordance with the 164/last paragraph of the Attorneyship Law No. 1136 amended by Law No. 4667.
ATTORNEY FOR THE PLAINTIFF