Draft Petition for Removal of Adapted Provisional Attachment Order

Petition for the Lifting of the Seizure

 

(Location and Court Name) ... Primary Commercial Court

PRECAUTIONARY ATTACHMENT APPLIED TO (PLAINTIFF/DEBTOR):

• Name / Surname / Title: …
• Address: …
• Turkish National Identity Number / Tax Number: …

OPPOSING PARTY (CREDITOR):

• Name / Surname / Title: …
• Address: …

---

 

REQUEST (DEMAND):

 

This is a public demand due to the procedural and legal irregularities in the precautionary attachment order issued based on the declaration of a single person, relying on commercial transactions that do not have a foreign exchange nature .

 

EXPLANATIONS (LEGAL GROUNDS):

 

The defendant (creditor) has filed a provisional attachment order against our client (debtor) based on statements, insufficient collateral, or documents lacking legal basis.

1. Lack of a Basis for Attachment: The claim for debt does not constitute a basis for the attachment order because it is not sufficiently substantiated and/or there is no conclusive and verifiable evidence to support this claim.
2. Insufficient Security: When a provisional attachment order is issued, the security required to protect the debtor's right to object has either not been requested at all or has been obtained for an amount significantly below the current value of the assets.
3. Primary Liability: In the event of death due to breach of garnishment, adequate safeguards for potential damages have not been provided. It appears that the claims underlying the garnishment order were not subjected to due diligence in court .

Our client has lost the right to dispose of the seized assets, which is severely disrupting their business operations.

 

EVIDENCE:

 

1. Enforcement file number (the file on which the seizure is based).
2. Articles 285, 286, 288 and other related provisions of the Enforcement and Bankruptcy Law are available.
3. Documents or reports showing the current value of the seized asset.
4. If any, initial objections submitted against the seizure order and relevant legislation.

 

REQUEST RESULT:

the continuously explained defects, the procedural deficiencies in the attachment order, and the weakness of the legal grounds , we hereby declare the provisional attachment order we issued to be flawed and unconditionally defective, and we are therefore faced with the decision to impose arbitration costs and attorney's fees in installments.

Name, Surname and Signature of the Objecting Party (Debtor)'s Representative

ATTACHMENTS: (Complete list of required records)