MAIN COURT OF COMMERCE
(REQUESTED FOR PRECAUTIONARY MEASURES)
FILE NUMBER:
LIEN
OBJECTION TO THE DECISION
OWNER (BOUNDARIES):
ADDRESS:
ATTORNEY:
ADDRESS:
OPPOSING PARTY
(CREDITOR):
ADDRESS:
ATTORNEY:
SUBJECT OF THE REQUEST: This is to submit our objections to the provisional seizure decision.
DATE OF RECORD: ………
OUR OBJECTIONS:
1- Your Honorable Court, the provisional attachment order issued by the Enforcement Directorate ……./…. has been subject to enforcement proceedings, and enforcement proceedings have been initiated with the file number. We object to the provisional attachment order for the following reasons.
2- As can be understood from the copy of the promissory note sent to us together with the Payment Order, the Creditor ………, on whose behalf the proceedings are being conducted, is not a legitimate creditor. Since he is not the beneficiary of the promissory note, he has no endorsement authority on the promissory note. However, according to the ruling, the presence of a creditor on the promissory note is one of its mandatory elements. As it stands, this bill does not constitute a bond, and therefore, a provisional attachment order cannot be issued based on such a document.
3-
The provisional attachment in favor of …… is in clear violation of the provision ……… While the name of the creditor requesting payment of the promissory note should be written on the note as the payee or endorser-holder, the creditor does not have the status of a creditor on the note. It is also unknown how the creditor obtained the note.
4- The note in question was given to payee C by the debtor ……… due to existing debts, and the amount of the note was paid to the payee on the due date.
As we will explain in more detail in the negative determination lawsuit filed against the creditor, the promissory note was not taken from the beneficiary due to the relationship of trust.
5- Due to the unjust application of provisional attachment, my clients’ vehicles were seized and my clients suffered damage. Therefore, this is the security for the compensation lawsuit we will file against the creditor and the ………. Enforcement Directorate ……./…. Since we objected to the enforcement proceedings conducted with the original file, until the lawsuits are concluded, it is necessary for your honorable court to issue a precautionary decision on the creditor’s security and decide not to return the security to the creditor.
6- Accordingly, it has become necessary to file this lawsuit in order to lift the unjustly imposed provisional attachment and to prevent the return of the security deposit paid to the court by taking precautionary measures on the security deposit.
LEGAL GROUNDS:
EVIDENCE: ……… Enforcement Directorate’s …./…. Main file, payment receipt, and any other legal evidence as necessary.
CONCLUSION AND CLAIM: For the reasons explained above, we object to the provisional attachment decision and the enforcement proceedings, and we will file a claim for damages and a negative determination lawsuit against the creditor. I respectfully request that, on behalf of the party, a decision be made to proceed with the enforcement proceedings.
Attorney for the Debtor
Law Firm…………………
(SIGNATURE)