EXAMPLE OF AN Oct. PETITION
ANTALYA …. THE FIRST COMMERCIAL COURT
Who Wants an Injunction
(Creditor):
temporary :
OTHER PARTY (DEBTOR) :
SUBJECT OF THE REQUEST: This is a request for a precautionary foreclosure decision for the purpose of securing our TL receivables.
the truth :
1)The borrower …. a term of 10.000,00 TL given to the client by … and the value of which is 10.000 TL…. 3 Promissory notes with a total amount of TL 30,000.00. And a maturity of TL 10,000 have not been paid on maturity.
The debt has not been paid to date, although it is not subject to any collateral that we will receive, and it is due. Although the borrower has been repeatedly applied for the collection of the receivable from outside. It has not been successful in this.
2) As a result of the examination, it was learned that the borrower had difficulty paying and was trying to liquidate his business. Since we are worried that we will initiate proceedings against the debtor and that his property will be confiscated if he becomes aware of the enforcement proceedings, it has become necessary for us to request a decision from your court regarding the precautionary seizure of the debtor’s movable and immovable property and his rights and receivables from third parties in order to prevent this.
LEGAL REASONS : CPL, EBL and other relevant legislation
EVIDENCE :….. 10.000,00 TL term, 10.000,00 TL term, 10.000,00 TL term, 10.000,00 TL term. 3 original promissory notes and other legal evidence.
CONCLUSION AND REQUEST:
For the reasons described and explained above, I request acceptance of our request and a decision to place a lien on the borrower’s movable and immovable property and on the borrower’s rights and receivables from third parties in an amount that will cover what we will receive, to charge the costs and attorney’s fees to the other party. (DATE)
Representative of the Creditor Requesting Precautionary Foreclosure
Av.
Oct:
Approved sample of the Power of Attorney
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