… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE;
prosecutor :
TURKISH ID NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : Prompt collection of the overpayment paid as a fiduciary debtor from the other debtor
CASE VALUE :
(In cases related to property rights)
descriptions :
1-) Against our client and the defendant of our file (the other file debtor) ……… the Enforcement Directorate ……/…… enforcement proceedings have been initiated due to the bond with the main numbered file. (October- 1 ) Total file debt……..- TL and our client signed the bond together with the defendant (debtor) of our file, leaving the guarantor’s house empty.
2-) Our client has the entire debt of the execution file ……..-He has paid TL to the file creditor on the date of …/…/…. However, for the reasons mentioned above and according to Article 167 of the Turkish Code of Obligations No. 6098. “unless otherwise agreed or understood from the nature of the legal relationship between debtors, each of the debtors is responsible for the statement made to the creditor with equal shares against each other, unless otherwise agreed or understood from the nature of the legal relationship between Decedents. The debtor who expresses more than his share has the right to demand the excess amount he has paid from other debtors. In this case, the debtor may recourse to each debtor only in proportion to his share. The amount that cannot be received from one of the debtors, the other debtors are obliged to assume equally.”Taking into account the judgment, the principal debt is due to the fact that our client is a joint debtor with the defendant ………- He should be responsible for 1/2 of the TL.
3-) Based on the bond signed by our client together with the defendant, we have been obliged to file this lawsuit in order to collect the extra ……-TL from the defendant together with the interest of the bond creditor.
LEGAL REASONS : 6098 P. K. m.167; 6100 Pp. K. m. 2, 6
LEGAL EVIDENCE :
1-) ……… The Executive Directorate ……/…… the main numbered file (subpoena will be required by your court.)
CONCLUSION AND CLAIM: For the reasons described above, the bond creditor was made by our client …….-We respectfully request on behalf of our client that the TL payment be collected from the joint debtor together with the default interest, that the judgment expenses and the power of attorney fee be decided to be paid to the other party. …/ …/ …
Plaintiff Attorney
Lawyer.
ADDITIONAL:
1-) One approved power of attorney sample
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