Petition for Negative Declaratory Judgment and Restitution

TO THE DUTY PRIMARY CIVIL COURT

ANKARA

PLAINTIFF : … (Turkish Republic Identity No: …) – … REPRESENTATIVE : Attorney … – … DEFENDANT : … – …

SUBJECT : Request for negative determination and restitution

VALUE OF THE CLAIM : … TL

EXPLANATIONS

1- My client received a service from the defendant on … date worth … TL. The payment for the service was to be made in three installments: … TL on … date, … TL on … date, and … TL on … date. My client paid the first two installments on time and in full. However, a dispute arose between the parties regarding the payment of the final installment.

2- The defendant claims that my client has not paid the final installment and has initiated enforcement proceedings against my client despite the client having used the entire service. My client has been wrongfully subjected to enforcement proceedings and has suffered losses.

3- The defendant refuses to acknowledge that my client has made the final installment payment and continues with the enforcement proceedings. This situation is causing my client both financial and emotional harm.

4- My client has been harmed due to the defendant's unfair and malicious conduct. The defendant must abandon the enforcement proceedings, and it must be determined that my client has no debt.

EVIDENCE

1- Service contract 2- Bank statements for the first and second installment payments 3- Correspondence between the parties 4- File number …/… of the … Enforcement Directorate

LEGAL GROUNDS

Article 72 of the Turkish Enforcement and Bankruptcy Law, Article 2 of the Turkish Code of Obligations, and related legislation

CONCLUSION AND REQUEST

For the reasons explained above, I respectfully request and demand that the court accept the case, order the defendant to withdraw the enforcement proceedings, determine that my client has no debt to the defendant, order the defendant to reimburse my client for the amount of … TL paid, along with legal interest accruing from … date, and order the opposing party to bear the court costs and attorney's fees.

… / … / …

Plaintiff's Attorney

Lawyer …

Signature