Petition For Restitution

-SAMPLE Petition-

TO ANKARA CIVIL COURT OF FIRST INSTANCE ( ) ON DUTY ( )

Plaintiff:

ADDRESS :………………………

ATTORNEY:

ADDRESS :

PHONE :

DEFENDANT:

ADDRESS :…………

SUBJECT OF THE REQUEST: It is the request for negative determination and restitution of the ….. TL, which was unfairly paid due to the file numbered 2021/…..E of Ankara ….Executive Directorate, filed in accordance with Article 72 of the EBL.

DESCRIPTIONS

The defendant creditor collected a receivable, which he did not have the right to, in bad faith and with the intention of causing damage to the client, with the proceeding initiated against the client A….. B….. on the file numbered 2021/…..E of Ankara ….Execution Directorate. It was necessary to file this lawsuit in order to determine that there is no debt subject to the contract, which the defendant creditor initiated maliciously and tried to collect unfairly, and to recover the amount collected afterwards. Namely;

Defendant creditor bad faith ../../…. It has initiated enforcement proceedings. Even if an objection was made to the payment order, which was drawn up by us as unfair and unfounded, our objection was definitively lifted. For this reason, the client paid his file debt under the threat of foreclosure; the defendant collected his so-called receivables from the plaintiff client in this way. At this point, we request the subpoena of the said execution case file by your Court. (ANNEX 1)

As we have stated in the documents we will submit in the annex of our petition and in our objection to the debt, the debt subject to the execution file has not gained the character of debt since it does not have the elements. The collection of this so-called debt is against the law and procedure. The debt alleged to exist is unfair and devoid of legal basis, and both the actual receivable and the alleged interest and interest rate are contrary to consumer law and debt relations.

As a result, as we have explained above, it is clear that the defendant creditor has earned an unfair advantage with the amount paid by the client, although the client does not have a debt as aforementioned, and in order to determine this situation and to compensate for the damage suffered by the client unjustly, the obligation to substitute this restitution case in your court has arisen. has been.

LEGAL REASONS: EBL (72 and all other articles), HMK, Law of Law and other relevant legislation

EVIDENCE: Subpoena of Ankara ….Executive Directorate’s file numbered 2021/…..E, Expert report (if deemed necessary), All kinds of other evidence

(We reserve the right to present evidence against the evidence to be presented by the other party.)

CONCLUSION AND REQUEST: For all the reasons explained above and to be taken into account by your Court ex officio,

1-Client A…. To determine that B… is not indebted to the defendant creditor,

2-Ankara …Executive Directorate of 2021/…. THE CANCELLATION OF THE FOLLOW-UP, which is the subject of the file no. E.,

3- The payment date of ../../…. Reclaiming it with legal interest from the date of

4- All kinds of court fees and expenses, and the charge of the power of attorney to the other party,

We request a decision by proxy. 04/09/2021

                                                                  Requesting Restitution

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