Provisional attachment is a frequently used institution in enforcement law. You must submit the source and grounds for the provisional measure to the court in a petition.
Attorney Saim İNCEKAŞ, known for his writings in the field of enforcement law, shared “provisional attachment petition examples” for various situations in this article.
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Preliminary Attachment Petition Example -1-.
Preliminary Attachment Application Petition Example -2-
Preliminary Attachment Petition Example -3-.
Precautionary Petition (Positive Result 500+ Words).
Precautionary Petition Example Precautionary
Petition
LIABILITY CASE
EXAMPLES -1-
TO THE ANKARA COMMERCIAL COURT OF FIRST INSTANCE
FOREIGN LIABILITY CLAIM
CREDITOR:
ATTORNEY: A
DEBTOR:
SUBJECT: Request for provisional attachment on X TL debt.
EXPLANATIONS:
1- A check issued by the debtor company and given to the customer company by ……….. ……….. Bank. The check, with the branch’s ………… check number and dated …………, was presented to the paying bank within the specified timeframe but the amount was not paid.
2- The client’s subsequent applications have been unsuccessful. There is a risk that the debtor may lose their assets.
3- The collection of the debt is at risk, and since it is not possible to secure the debt in any other way or to pledge it as collateral, it is necessary to file a request for provisional attachment.
LEGAL REASONS:
I.I.Km 257 and related provisions
LEGAL EVIDENCE: ……… ……….. Bank ……….. Branch …………. numbered, dated …………, issued by …………. check and all kinds of legal evidence.
CONCLUSION AND REQUEST: Based on the reasons explained and demonstrated above, without the need for a hearing or notification, I respectfully request that a decision be made to seize the debtor’s movable and immovable property, as well as their rights and claims held by third parties, in an amount sufficient to cover our claims (subject to appropriate security), and that the litigation costs and attorney’s fees be imposed on the debtor.
FOREIGN LIABILITY CLAIMANT