The guarantor's right of recourse against the principal debtor
To the Enforcement Directorate of the Republic of Turkey (TC ) ...
FILE NO: … / …
CLAIMANT (GUARANTOR)
Name and Surname – Turkish Republic Identity Number: …
Address: …
PRINCIPAL DEBTOR
Name and Surname
Address: …
CREDITOR
Name and Surname
Address: …
SUBJECT
This is a request for a recourse document so that the guarantor can exercise their right of recourse due to a payment made on behalf of the debtor.
EXPLANATIONS
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Due to the guarantee I provided, the creditor initiated summary enforcement proceedings against me and the debtor as joint debtors through the ... Enforcement Directorate's file numbered .../... The payment order regarding the debt subject to enforcement was served on both the debtor and myself on .../.../... The enforcement proceedings became final due to the lack of timely objection.
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Regarding the debt in question, no payment was made by the principal debtor, and the creditor initiated enforcement proceedings against me. Following the threat of seizure and the seizure of my property, I paid the full amount of the debt, 12,500.00 TL, to the enforcement file on …/…/… and the debt was settled.
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The receipt dated …/…/… and numbered …, proving that the payment was made by me, is submitted as an attachment to this petition.
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In this context, in order to exercise my legal right of recourse arising under Articles 596 and subsequent articles of the Turkish Code of Obligations , it is necessary for your Enforcement Directorate to issue a recourse certificate .
EVIDENCE
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… Enforcement Directorate …/… Case file number,
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Receipt for payment,
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The negotiable instrument that forms the basis of the guarantee relationship,
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Witness statements and other legal evidence, if necessary.
LEGAL GROUNDS
Turkish Code of Obligations, Articles 73, 167, 168, 587, 588, 591, 593, 596 and 597;
Enforcement and Bankruptcy Law;
General provisions and other relevant legislation.
CONCLUSION AND REQUEST
For the reasons stated above, the recourse document be given to me so that the payment of 12,500.00 TL made by me on behalf of the principal debtor in the file numbered …/… of the … Enforcement Directorate can be used as a basis for recourse.
…/…/…
Name and Surname of the Party Requesting Recourse (Guarantor) Signature
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