Objection Petition Due to Failure to Present the Original Promissory Note Serving as the Basis for Enforcement Proceedings
… TO THE ENFORCEMENT DIRECTORATE,
ANKARA
OBJECTING PARTY (DEBTOR): Name and Surname – (Turkish Republic Identity Number: …) – Address
CREDITOR: Name and Surname – Address
SUBJECT: Request for submission of my objection.
EXPLANATIONS:
- In the enforcement proceedings initiated against me, I received the payment order on …/…/… However, the photocopy of the promissory note sent to me along with the payment order was incomplete. This prevents me from having definitive knowledge of the note's contents and my signature. The lack of a photocopy makes it difficult for me to make the necessary assessments regarding the existence and validity of the debt.
- I am having difficulty determining whether the signature on the promissory note, which I am alleged to owe, belongs to me. Without the means to examine the note and have a signature analysis done, I cannot definitively assess the legality of the payment order and the existence of the debt. This situation necessitates questioning the validity of the enforcement proceedings.
- I have not received any explanation regarding the existence of the debt, its amount, or other details related to the promissory note on which the enforcement proceedings are based. Because the creditor has not provided me with any information regarding the promissory note, there are uncertainties surrounding the scope of the debt and details of the payment.
- Another reason that necessitates accepting the request to suspend enforcement proceedings is determining whether the enforcement proceedings are lawful. The fact that the promissory note is associated with incomplete information and documents raises questions about the validity of the legal processes in terms of transparency and accuracy. In this context, we believe that the promissory note and the payment order should be examined fully and completely.
- While requesting that our appeal be accepted and the proceedings against me be halted, it is necessary to complete the missing documents in the case file and to verify the authenticity of the promissory note. This is crucial for ensuring compliance with the principles of truth and justice required by law.
EVIDENCE: ... Enforcement Directorate's enforcement file numbered .../... and other legal evidence.
LEGAL GROUNDS: Article 168 of the Enforcement and Bankruptcy Law and related legislation.
REQUEST AND CONCLUSION: For the reasons briefly explained above, since the photocopy of the promissory note that should have been attached to the payment order was not included, doubt has arisen as to whether the promissory note belongs to me. Therefore, I respectfully request that a decision be made to suspend the proceedings against me.
…/…/…
Objecting Debtor's
Name-
Surname