Objection to and Request for Cancellation of Seizure Notice

TO THE DUTY EXECUTION LAW COURT
OF ISTANBUL

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

ATTORNEY:
Lawyer's Name and Surname – Address – Telephone

COMPLAINED AGAINST:
… Enforcement Directorate – Address

SUBJECT:
Request for objection to and cancellation of a seizure notice.

EXPLANATIONS

1- My client objects to the seizure notice dated …/…/… issued by the … Enforcement Directorate. The seizure was initiated due to a property not registered in my client's name. The seizure was initiated because of a past lease agreement and payment problems arising from the tenant. However, my client has no debt related to this property, and the debt in question does not belong to my client personally.

2- The seizure was carried out solely due to payment deficiencies stipulated in the tenant's contract. However, although my client is the owner of the property, he is not a party to the lease agreement and cannot be held responsible for the non-payment of rent. Furthermore, these debts are not my client's personal debts.

3- According to the Enforcement and Bankruptcy Law, my client, as the owner of the immovable property, has no connection with this debt. The seizure process stems from a legal error made against my client. Due to this unlawful action, my client is suffering material and moral damages.

4- Regarding the seizure process, my client is exercising their legal rights and, following the examination of the file, is filing an objection against this action taken against them. My client requests the annulment of this seizure process, which constitutes a violation of the Enforcement and Bankruptcy Law.

EVIDENCE:

1- Notice of attachment issued by the Enforcement Directorate,
2- Title deed of the property,
3- Lease agreement and payment documents,
4- Witness statements,
5- Expert reports,
6- All kinds of legal evidence.

LEGAL GROUNDS:

Provisions of the Turkish Enforcement and Bankruptcy Law, the Turkish Code of Civil Procedure, and other relevant legislation.

CONCLUSION AND REQUEST:

In light of the reasons explained above;

the court order: 1- The cancellation of the seizure notice;
2- That the defendant be ordered to pay the court costs and attorney's fees;
3- That the effects of the seizure on our client's property be eliminated.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature

APPENDICES:

1- Lease agreement and payment documents,
2- Title deed,
3- Notice of seizure,
4- Witness statements and expert reports.