COURT OF FIRST INSTANCE
(Request for Provisional Measures)
Plaintiff:
ATTORNEY FOR THE PLAINTIFF:
DEFENDANT:
SUBJECT OF THE CASE: The subject of the case is the request for the return of a ……… brand automobile with license plate number ……… due to its sale under ……… conditions.
FACTS:
1- My client ……….. saved money for years and purchased a car with these savings.
2- My client’s spouse is a kidney patient and goes to the hospital regularly every month and is connected to a dialysis machine. For this, my client pays ……..(………) TL every month. My client, who was laid off due to the economic crisis, decided to sell his car because he could not find the money he needed to pay the hospital this month.
3- The defendant, aware of my client’s situation, told my client that he could buy his car, but that the car would only cost ……… TL. Needing money urgently and unable to research the market, my client sold his car to the defendant for ……… TL and completed the transfer at a notary.
4- After receiving the money, my client immediately took his wife to the hospital and had her hooked up to a dialysis machine. My client then asked how much a car of the same model would sell for. The owner of the same model car said he would sell it for ……… TL, but did not sell the car even though our client offered ……… TL. Upon this, my client realized he had been deceived.
5- My client explained this situation to the defendant, but the defendant said there was nothing he could do now since the transfer had been completed at the notary.
6- For these reasons, it has become necessary to file a lawsuit with your court within one year from the date of transfer at the notary public for the return of the damaged vehicle.
LEGAL GROUNDS:
EVIDENCE: Witnesses, experts, and all types of legal evidence, as necessary.
CONCLUSION AND REQUEST: With the acceptance of our case, it has been decided to place a waiver note in the traffic registry as a precautionary measure to prevent the transfer of the vehicle in question to third parties, to cancel the license issued in the name of the defendant and to issue a license in the name of my client, and to charge the defendant with the costs of the proceedings. With our best regards, we request this on behalf of our client.
Plaintiff’s Attorney
Attorney………………….
(SIGNATURE)
ADDITIONALLY: