Sample Petition For Cancellation Of Objection
ANKARA (…) COURT OF FIRST INSTANCE ON DUTY
Enforcement Directorate : Ankara 1st Execution Directorate File No. 2021/12345
REQUESTING CANCELLATION OF OBJECTION
THE PLAINTIFF :
ADDRESS :…………
REPRESENTATIVE :
ADDRESS :
TELEPHONE :
DEFENDANT :
DEFENDANT :
ADDRESS :………………………………………
CASE VALUE :…………….. TL
SUBJECT :
Cancellation of the objection dated …/…./2021 made by the defendant (debtor of the Execution Directorate File), decision to continue the proceedings and our request to award execution denial compensation not less than 20% of the receivable.
Upon the objection made by the defendant (Debtor of the Enforcement File) within the time limit against the payment order notified by the defendant (Debtor of the Enforcement File) within the scope of the file numbered 2021/12345 E. of Ankara 1st Execution Directorate, it was decided by the Enforcement Directorate to stop the proceedings, the said decision and the objection petition of the debtor party were notified to me; I am submitting this lawsuit within 1 year.
EXPLANATIONS
The objection made by the defendant to the Enforcement Directorate is unfair and malicious. Namely, on 01.01.2020, the product that I have submitted the attached documents belonging to me was delivered to the defendant and the invoice was sent to him. The notification and documents regarding the shipment and the invoice are attached. The defendant did not object to the content of the invoice, but the payment was not made by the defendant within the time limit.
Since the defendant party has not paid its debt despite all my notices, a proceeding has been initiated against it within the scope of the file numbered 2021/12345 E. of Ankara 1st Execution Directorate; the defendant has objected to the payment order unfairly and maliciously.
In addition, the amount subject to the proceeding is well known by the defendant and is also a liquid receivable.
LEGAL REASONS:
Execution and Bankruptcy Law, Turkish Code of Obligations, Turkish Commercial Code etc. related legislation
EVIDENCE :
Subpoena of the Execution Directorate file, invoice dated …/…/…, dispatch documents, e-mail correspondence, witness, expert report, oath, discovery etc. all evidence.
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1-Acceptance of our lawsuit, cancellation of the objection and continuation of the proceedings
2-RULING FORECLOSURE DISCRETION COMPENSATION against the defendant, not less than 20% of the principal receivable
3- I request that all kinds of trial expenses, fees and attorney fees be left on the defendant.
PLAINTIFF (CREDITOR)/REPRESENTATIVE
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