… TO THE COURT
OBJECTION
(DEBT):
LAWYER:
OPPONENT
(CREDITOR):
SUBJECT: Our objection to the decision of the Enforcement Criminal Court No. …/ … E. …/ … K. regarding the punishment of the debtor for violating the letter of commitment.
EXPLANATIONS:
1-) Enforcement proceedings were initiated against our client’s debtor on …/ …/ … with the … Enforcement Directorate’s file number …/ … E., and the decision became final on …/ …/ ….
2-) After the proceedings were finalized, our client, the debtor, committed to paying the debt within a certain period of time during the seizure at the address …/ …/.… With the consent of the creditor and in the presence of the seizure officer.
3-) In the lawsuit filed to punish the debtor for violating Article 340 of the Enforcement and Bankruptcy Law No. 2004, the Enforcement Criminal Court, in its decision numbered …/ … E. …/.… K., ruled that our client, the debtor, should be punished for failing to fulfill his commitment on …/ …/ ….
4-) In its decision dated 09.10.2001 and numbered 2001-16-181 E. 2001/200 K., the General Assembly of the Court of Cassation ruled that;
For a breach of contract to occur, the total amount to be paid by the debtor must be clearly stated in figures, and the parties must offer and accept this amount. Although the amount of the debt is specified in the enforcement request, this is not sufficient. The interest, attorney’s fees, enforcement costs, and expenses incurred and to be incurred during the commitment must also be determined, and thus the amount on which the debtor’s commitment is based must be determined. If this amount is not determined, it cannot be unequivocally established which amount the debtor has committed to pay and which amount is being considered, and therefore no criminal liability arises in the event of a breach of the payment condition. Otherwise, an acquittal must be granted.”as ruled.
5-)
The payment commitment given by the debtor to our client does not meet the validity criteria specified above by the Criminal General Assembly of the Court of Cassation. Due to the failure to fulfill the legally invalid commitment, our client was forced to appeal the decision of the Enforcement Criminal Court No. …/ … E. …/ … K., which sentenced the debtor.
LEGAL GROUNDS: 2004 NK Art. 340, 353, and relevant legislation.
LEGAL GROUNDS: 2004 NK Art. 340, 353 and related legislation.
LEGAL EVIDENCE: Enforcement case file and other evidence.
CONCLUSION AND CLAIM: We respectfully request that our client be acquitted of the debt, that the litigation costs and attorney’s fees be borne by the opposing party, and that a decision be made in favor of our client, with our objections to the decision of the Enforcement Criminal Court No. …/ … E. …/ … K., which sentenced the debtor to imprisonment for the reasons explained above, being accepted. …/…/…
Appellant’s Attorney