Sample Petition For Objection To Signature In Foreign Exchange Proceedings
-SAMPLE PETITION-
ANKARA DUTY ( ) ENFORCEMENT LAW COURT
THE EXECUTION IS REQUESTED TO BE STOPPED.
EXECUTION FILE NO :Ankara ….Execution Directorate
OBJECTION TO SIGNATURE
FROM (DEBTOR) :
:……
AGENT :
ADDRESS :
TELEPHONE :
CREDITOR (DEFENDANT) :
PROVISIONAL :
ADDRESS :……………………………
PAYMENT ORDER
NOTIFICATION DATE :21/06/2021
SUBJECT :
With the file numbered 2021/12345 E. of Ankara …. Enforcement Directorate, the client A….. B…… with the file numbered 2021/12345 E. of Ankara …… Execution Directorate against the client A…… and B…… is the request to present our objection to the authority, my objections to the signature and to decide to stop and cancel the execution proceedings.
Within the scope of the execution proceeding specific to bills of exchange numbered 2021/12345 E. of Ankara ….. Enforcement Directorate, my client A….. B……, the payment order dated 17.06.2021 (Annex-1) was received by the client on 21.06.2021, and we make our objection below within 5 days, which is the legal period, that the signature on the promissory note placed in the proceeding does not belong to the client.
OUR PROCEDURAL OBJECTION (OBJECTION OF AUTHORISATION):
First of all, as can be seen from the deed subject to the proceedings presented in the annex, the said deed was issued in Istanbul and in case of dispute, Istanbul Courts are authorised. In this context, the competent Enforcement Directorate is also Istanbul Enforcement Directorates, we declare that we object to the jurisdiction in this regard, that the proceeding in question has been filed in Ankara Enforcement Directorates in an irregular and malicious manner, and we request the cancellation of the enforcement proceeding by deciding to reject it for jurisdiction.
OUR EXPLANATIONS :
The signature on the promissory note (ANNEX-2) subject to enforcement proceedings does not belong to our client. In fact, even a cursory glance reveals that the signature in question is C……. D……. and it is thought that it belongs to C…… D……, whose name is written as the beneficiary on the deed, which the client does not recognise in any way.
As follows;
The signature on the promissory note subject to the enforcement proceedings against the client does not belong to the client. We request the subpoena of the signature samples of the client A……. B…… from the relevant institutions. (In case the wet signatures of the client A…… B…… cannot be obtained from the following institutions, we request a wet signature from the client). When the said signature samples arrive, it will be clearly understood that the signature does not belong to the client A…… B…… as a result of the expert examination by comparing it with the signature on the deed subject to enforcement proceedings.
Subpoena of Marriage Certificate (…… (……) Municipality)
Subpoena of the power of attorney dated 01/01/2021 and numbered 12345 of the 1st Notary Office of …… (It is also the power of attorney presented in this case)
……. Bank …… Branch
Article 170 of the Execution and Bankruptcy Law states; “The debtor notifies the execution court with a petition that the signature on the bill of exchange does not belong to him in accordance with paragraph 4 of Article 168…”. Client A….. We separately and explicitly object to the signature on the promissory note that does not belong to B……
In the same article of the Execution and Bankruptcy Law, “…In the examination to be made by the enforcement court before the hearing, if the debtor considers the objection serious according to the opinion obtained from the scope of the objection petition or the documents attached by the debtor, it may decide on the documents to temporarily suspend the enforcement proceedings until the decision on the objection without the need for notification to the creditor…”.
In addition, the Law continues in the same article “…In the event that the enforcement court decides to accept the objection, if the creditor has bad faith or gross negligence in putting the promissory note into the proceedings, it shall sentence the creditor to compensation not less than twenty percent of the receivable subject to the proceedings based on the promissory note and a fine of ten percent of the receivable…”. Therefore, we demand that the creditor-defendant, who is unfair, be sentenced to compensation not less than 20% of the original receivable and a fine of 10% of the receivable.
LEGAL REASONS :
EBL, CPL, TMK, TCO, TCC and other relevant legislation
EVIDENCE:
(We reserve our right to submit evidence against new claims and evidence to be submitted by the other party)
1-Subpoena of the file numbered 2021/12345 E. of Ankara …. Enforcement Directorate
2-The payment order notified to us and the deed based on the proceedings
3-Samples of signatures requested
4-Witness (If necessary, it will be notified later)
5-Discovery
6-Informed Expert Review
7-Oath
8-All kinds of legal and discretionary evidence
CONCLUSION AND REQUEST:
For the reasons explained above and to be taken into consideration ex officio, first of all, the cancellation of this proceeding filed in the unauthorised Execution Directorate by taking into account our objection to jurisdiction, and if your Honourable Court is of the opposite opinion regarding jurisdiction, the signature on the deed based on the proceeding does not belong to the client A….. B….. does not belong to the client A….. B….. (in terms of all primary and secondary claims) and
cancellation of the proceedings, and until the case is concluded, Ankara …. We respectfully request by proxy that the enforcement proceedings of the Enforcement Directorate No. 2021/12345 be stopped firstly without collateral, or if not, with the decision of PRECAUTIONARY PROHIBITION against the collateral to be found appropriate, that the creditor-defendant, who is unjust, be awarded compensation not less than 20% of the original receivable, a fine of 10% of the receivable, and that the judicial expenses and attorney’s fees be imposed on the other party.22 .06.2021
OBJECTING DEBTOR/REPRESENTATIVE
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