Petition For Recovery Lawsuit
-SAMPLE PETITION-
ANKARA COURT OF FIRST INSTANCE ON DUTY ( )
THE PLAINTIFF :
ADDRESS :…………………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
DEFENDANT :
ADDRESS :…………
SUBJECT OF THE REQUEST : 2021/….. of Ankara …. Enforcement Directorate E. No. due to the file numbered ….. TL, which was paid unjustly due to the file numbered 2021/ E of Ankara Enforcement Directorate.
EXPLANATIONS
Defendant creditor, client A….. B….. against the defendant client A….. B….. through the file no. 2021/….. of Ankara …. Enforcement Directorate E. numbered file, the defendant creditor collected a receivable to which it was not originally entitled, in bad faith and with the intention of damaging the client. It was necessary to file this lawsuit in order to determine that there is no debt subject to the contract that the defendant creditor initiated in bad faith and tried to collect unfairly, and to recover the amount collected. As follows;
The defendant creditor initiated enforcement proceedings against the client in bad faith for the so-called receivable that he was not actually entitled to …/…/…. He initiated enforcement proceedings on the date. Although we objected to the unfair and baseless payment order issued by us within the time limit, our objection was definitively removed. For this reason, the client paid the file debt under the threat of attachment; the defendant collected its so-called receivable from the plaintiff client in this way. At this point, we request your Court to subpoena the execution case file in question. (ANNEX-1)
As we have stated in the documents we will submit in the annex of our petition and in our objection to the debt, the debt subject to the execution file does not qualify as a debt since it does not have the elements. The collection of this so-called debt is against the law and procedure. As the alleged debt is unfair and devoid of legal basis, both the original receivable and the so-called interest and interest rate are contrary to consumer law and debt relations.
As a result, as we have explained above, it is clear that the defendant creditor has obtained unfair gain with the amount paid by the defendant creditor, although the client does not have a debt as mentioned above, and it has become necessary for us to file this reclamation case in your Court in order to determine this situation and to eliminate the unfair damage suffered by the client.
LEGAL GROUNDS :
BEC (72 and all other articles), CPC, Law on Attorneys and other relevant legislation
EVIDENCE :
2021/….. of Ankara …. Enforcement Directorate E. numbered file subpoena, Expert report (If deemed necessary), Any other evidence
(We reserve our right to present evidence against the evidence to be presented by the other party).
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Determination that the client A…. B… does not owe the defendant creditor,
2-Ankara …Execution Directorate’s 2021/…. E. numbered file is cancelled as such,
3- ….., which the client had to pay even though he did not owe ….. TL, which the client had to pay although he was not indebted, with legal interest from ../../…. To be recovered with legal interest from the date of payment,
4-To charge all kinds of judgement fees and expenses and attorney fees to the other party,
We request a decision by proxy. 04/09/2021
Claimant
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