Petition for Objection to and Request for Suspension of Enforcement Proceedings Based on Negotiable Instruments

TO THE DUTY ENFORCEMENT LAW COURT
OF ANKARA

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

ATTORNEY:
Attorney [Name Surname]
[Address]
[Phone]

DEFENDANT (CREDITOR):
[Name Surname]
[Address]

SUBJECT:
Request to halt enforcement proceedings initiated based on negotiable instruments, citing objections to the signature and the debt itself.

EXPLANATIONS:

1. The defendant has initiated enforcement proceedings against my client through the ... Enforcement Directorate under file number .../... using the method of attachment specific to negotiable instruments. However, the signature on the instrument in question does not belong to my client. This can be clearly determined by an expert examination to be appointed by your court.
2. The promissory note in question was issued without the client's knowledge, and there is no commercial or legal relationship between the parties. Therefore, there is no debt relationship, and the note cannot be considered a valid negotiable instrument.
3. There are inconsistencies in the date, amount, and format of the promissory note. In particular, the word "cash" on the note does not indicate any payment or debt relationship to the client. This casts doubt on the validity of the note.
4. My client has been forced to object to this enforcement proceeding because he does not owe the debt and the signature on the promissory note is not his. According to Article 170 of the Enforcement and Bankruptcy Law, such objections suspend the enforcement proceedings. A temporary suspension of the enforcement proceedings is crucial to prevent further hardship for my client.
5. The defendant's initiation of legal proceedings based on an illegally drawn promissory note constitutes a malicious act, causing my client significant material and moral damages. Therefore, the creditor should be ordered to pay damages for bad faith.

EVIDENCE:

• Enforcement file,
• Client's signature samples,
• Expert examination reports,
• All kinds of legal evidence.

LEGAL GROUNDS:
Article 170 of the Enforcement and Bankruptcy Law No. 2004 and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons presented and explained above;

1. Due to the fact that the signature on the promissory note in question does not belong to the client, the enforcement proceedings initiated through attachment specific to negotiable instruments are hereby suspended
2. Due to the defendant's bad faith, it is decided that the defendant shall pay compensation for bad faith, amounting to no less than 20% of the claimed debt
3. We respectfully request and demand that the court order the defendant to bear the court costs and attorney's fees
   

Date: …/…/…
Plaintiff's Attorney
: [Name and Surname]
Signature