An Example of a Petition for a Lawsuit for an Objection of Authority to the Enforcement Court

BAKIRKÖY ( ) TO THE JUDGE OF THE EXECUTIVE CIVIL COURT

ENFORCEMENT DIRECTORATE and FILE NO:

Bakirkoy…. Executive Directorate 2015/….. E.

PLAINTIFF /DEBTOR :…………………………. (TC. ID Number: …)

attorney :

Address :

DEFENDANT/CREDITOR :

Address :

SUBJECT OF REQUEST: Authority is our objection.

descriptions

Bakırköy ( ) Executive Directorate of 2015 /….. E. The payment order regarding the execution proceedings related to the bills of exchange initiated against the client from the numbered file is paid to the client …./……/Having been notified on 2015, we object to the authority within the legal period (5 days).

My Client, ………………. K.He is residing at Çekmece / Istanbul Address and, as will be seen when the execution file is examined, the address specified in the follow-up request by the creditor and the notification made to my client is K.The address of the drawer.

The location of the check subject to follow-up is Istanbul, and the authorized enforcement offices in relation to this check are Istanbul or K.The Drawer is the Executive Directorates.

The defendant / creditor’s Istanbul or K.Although the drawer has the right to choose to initiate follow-up in the enforcement directorates, the follow-up has been initiated in the unauthorized Bakırköy Enforcement Directorates.

Without reserving our right to object to the debt, signature, interest and all other ferries of the debt, it has become necessary to request that a decision be made on the acceptance of our objection to the authority.

LEGAL REASONS : EBL, TCC, HMK other legal regulations

CONCLUSION-I DEMAND: For the reasons explained above and supply,

With the acceptance of our authority objection, Bakırköy …. The lack of authority of the Executive Directorate,

Cancellation of the follow-up initiated in the unauthorized enforcement directorate,

For the subject of the follow-up, K.To determine that the Drawer Enforcement Directorates are authorized,

I respectfully request by proxy that the decision be made to transfer the costs and fees of the trial to the defendant…./…../

 

Plaintiff Attorney

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