Petition For Removal Of Objection
…………… ( ) COURT OF ENFORCEMENT LA
Execution File Number: Ankara ….. Enforcement Directorate 2021/….. E.
CANCELLATION OF OBJECTION
REQUESTER
CREDITOR :A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer ………………
ADDRESS
AGAINST PARTY
(DEBTOR) :C….. D…. (T.C.:………..)
ADDRESS
ATTORNEY :Av. D….. E…..
CASE VALUE :……………………..TL
SUBJECT OF THE CLAIM :
Ankara …. Execution Directorate’s file numbered 2021/….. E. numbered file consists of our request for the definitive removal of the objection of the counterparty (debtor), who has objected to the debt within the scope of the file numbered 2021/, and to be ordered to pay compensation not less than 20% of the receivable.
EXPLANATIONS
Goods were purchased by the debtor from the client requesting the removal of the objection on 12.04.2020, and in return, Ankara … Notary Public’s …. Journal …. As can be seen from the document dated 10/06/2018, he gave the client a promissory note certified by the Notary Public that he would pay 20.000 TL on 10/06/2018.
Article 68 of the Execution and Bankruptcy Law: “If the proceeding of the creditor whose claim is objected to is based on a deed containing an acknowledgement of debt whose signature is certified by a notary public or a receipt or document duly issued by official offices or competent authorities within their authority, the creditor may request the removal of the objection within six months from the date of notification of the objection. If the removal of the objection is not requested within this period, proceedings without judgement cannot be initiated again.”
Within the scope of the provision, the promissory note in question, which contains an unconditional and unconditional recognition of debt, whose signature, which is not paid on due date, is certified by the Notary Public, was submitted by us to Ankara …. Execution Directorate’s file numbered 2021/…. E. numbered file, and the debtor objected to the payment order sent within the scope of the said proceeding as an objection to the debt. For the reasons stated, it has become necessary to file this lawsuit.
LEGAL REASONS :
İİK (68, 68/A and all other articles), CPC, Law of Attorneys and other relevant legislation
EVIDENCE :
1-Ankara ….. Enforcement Directorate’s 2021/….. E. numbered file summons,
2-Proceeding Request, Order for Payment, Deed as the basis of the proceedings
3-Expert report (If deemed necessary),
4-All kinds of other evidence
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Counterparty Ankara …. Execution Directorate’s file numbered 2021/….. E. numbered file, the objection to the debt made by the counterparty within the scope of the file is definitively removed, and the proceedings continue.
2-To sentence the other party to a compensation not less than 20 per cent of the amount of the claim.
3- To charge all kinds of judgement fees and costs and attorney fees to the other party,
We request a decision by proxy.
Requesting Removal of Objection
Creditor A….. B…… Attorney
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