SAMPLE NEGATIVE DECLARATORY ACTION PETITION

SAMPLE NEGATIVE DECLARATORY ACTION PETITION

(Before Enforcement Proceedings)

TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

PLAINTIFF: ………………… Cooperative Company – Address: …………………

ATTORNEY: Attorney ………………… – Address: …………………

DEFENDANT: ………………… – Address: …………………

SUBJECT: Negative assessment

VALUE OF THE CLAIM: ………………… Turkish Lira

⸻

EXPLANATIONS:
1. The cooperative's board of directors was elected at the general assembly meeting dated …/…/…. The defendant is the representative of the previous board members. …, one of the board members prior to …/…/…, is the defendant's son. The board members gave the defendant power of attorney, and all the cooperative's affairs were conducted by … within the scope of this power of attorney and with his knowledge.
2. The defendant stated that he lent … TL to the cooperative with a notice dated …/…/… and numbered … from … Notary Public, that he deposited this debt into T. Halk Bankası accounts numbered … and …, that he received two promissory notes from the cooperative in return for this debt, one dated …/…/… for … TL and the other dated …/…/… for … TL, and that he did not receive any promissory notes for the remaining … TL debt. He demanded payment of this money within 15 days.

LEGAL GROUNDS:

Provisions of Law No. 6100 (Code of Civil Procedure), Law No. 6098 (Code of Obligations), and other relevant legislation.

EVIDENCE:
• Notary notice
• General assembly minutes
• Power of attorney samples
• Bank statements
• Witness statements
• Other legal evidence

CONCLUSION AND REQUEST:

For the reasons stated and explained above, we respectfully request and demand that the court determine that the debt alleged by the defendant does not actually exist, that the plaintiff shall not be liable for any debt should the defendant initiate any enforcement proceedings, and that the court costs and attorney's fees be borne by the defendant.

Plaintiff's Attorney
, …………………
(Signature)