Negative Declaration and Check Cancellation Petition

TO THE DUTY PRIMARY COMMERCIAL COURT

[CITY NAME]

PLAINTIFF: [Name and Surname] – (Turkish Republic Identity Number: …) – [Address]

REPRESENTATIVE: [Attorney's Name and Surname] – [Address]

DEFENDANT: [Name and Surname] – [Address]

SUBJECT OF THE LAWSUIT: Negative declaratory judgment and cancellation of the check.

D. VALUE: [Amount] Turkish Lira.

EXPLANATIONS:

1. My client purchased [Product Name] from [Defendant Name] as part of their commercial activity and issued a check for these products. However, shortly after receiving the products, it was discovered that the product sent by [Defendant Name] was not suitable for consumption because it did not meet the specifications stated to the recipient; in other words, the product was defective. This was further confirmed by analyses conducted at the authorized [Agricultural and Rural Affairs] Laboratories. Despite my client repeatedly requesting the return of the check for these defective products, the defendant has ignored this request and has not returned the check.
2. As the check's maturity date approaches, there is a possibility that the defendant, or any third party to whom the check was endorsed, may present it to the bank for collection. This situation would actually lead to a financial hardship for my client, as he would be indebted despite having been sold a defective product. My client has no debt, but would suffer a great injustice if the check were to be collected.
3. Furthermore, my client has suffered significant financial losses due to the defective products and reserves the right to file a separate lawsuit for compensation for these losses. This lawsuit has been filed solely to relieve my client of the wrongful debt obligation arising from the aforementioned check.
4. For all these reasons, it has become necessary to request the cancellation of the check in question, a determination that my client has no debt to the defendant, and the imposition of a precautionary measure on the check pursuant to Article 72/2 of the Enforcement and Bankruptcy Law to prevent payment until the end of the lawsuit.

EVIDENCE:

1. Agreement,
2. Czech,
3. Laboratory test results,
4. Expert examination,
5. Correspondence,
6. Oath vs. all kinds of evidence.

LEGAL GROUNDS: Article 72 of the Enforcement and Bankruptcy Law and related legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above and to be considered ex officio, I respectfully request and demand that the lawsuit be accepted, that the bearer check issued by my client to the defendant, dated [Date of Issue], numbered [Check Number], and for the amount of [Amount] Turkish Lira, be cancelled, that it be determined that my client has no debt to the defendant, that a precautionary measure, with or without security, be placed on the relevant check pursuant to Article 72/2 of the Enforcement and Bankruptcy Law to prevent payment of the check until the end of the lawsuit, and that the court costs and attorney's fees be borne by the defendant. …/…/…

Plaintiff's Attorney

Lawyer's First and Last Name

Signature