Petition For Removal Of Seizure
…………….. ON DUTY ENFORCEMENT JUDGE
EXECUTION OFFICE
FILE NO: Ankara ….Execution Directorate’s 2021/….. Main
CANCELLATION OF SEIZURE
WANTED
PLAINTIFF (DEBTOR) :A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer …………………..
ADDRESS
DEFENDANT (CREDITOR): C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF THE REQUEST :
Ankara …. Enforcement Directorate’s 2021/….. It is about the request for the removal of the salary attachment imposed on …/…/…., although the debt placed in the proceedings with the file numbered …/…/…. has been paid externally.
EXPLANATIONS
By the creditor against the plaintiff client A….. B….. against the plaintiff client A…. B….. through the file numbered 2021/….. The proceeding was initiated through the file numbered 2021/ B (Annex-1); the proceeding was finalised. The client undertook to pay the debt subject to the proceeding to the creditor C….. D…. to pay the debt subject to the proceeding.
Following the finalisation of the proceeding, the debt subject to the proceeding was paid by the client in the amount of TL 000.00 together with all costs and accessories, on ../../…. On the date, the plaintiff creditor C….. D…. ‘s account and paid it externally. The originals of the documents of the payments made by the client are attached to this petition. (Annex-2)
The debt subject to the proceedings was paid externally by the client A….. B….., the creditor did not declare these payments to the execution file, and then re-imposed a garnishment on the client’s salary over the finalised amount of TL 000.00. The wage garnishment letter sent to the employer is attached to this petition (Annex-3).
.
In this way, the creditor has unlawfully garnished the client’s salary in relation to a debt that has already been paid, although there is no longer any receivable due to the debt in question. In addition to being unfair, this unlawful action has caused the client to fall into trouble within the institution where he works.
For these reasons explained and in the light of the payment document originals we have submitted in the annex, it has become necessary for us to request from your Court to decide to suspend the proceedings for the client and to remove the attachment dated …/…/…. placed on the salary of the debtor client.
LEGAL GROUNDS :
EBL, CPL, Law on Attorneys and other relevant legislation
EVIDENCE :
Ankara ….Execution Directorate’s file numbered 2021/….. File numbered Esas, Bank receipts regarding the payment, Salary attachment warrant, Bank account movements of the Debtor and Creditor, Expert report (If deemed necessary), All other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-Ankara …Execution Directorate’s file numbered 2021/…. E. numbered file of Ankara …Execution Directorate and
2-We respectfully request and demand that the attachment dated …/…/…. placed on the salary of the debtor client be REMOVED. 05/10/2021
Requesting Removal of Seizure
A…. B…… Acting
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