Petition for Annulment of Objection Regarding Attorney's Fee Claim and Request for Compensation for Denial of Execution

TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

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

ATTORNEY:
Lawyer's Name and Surname – Address

DEFENDANTS:
1- Name and Surname – Address
2- Name and Surname – Address

VALUE OF THE CLAIM:
… TL

SUBJECT:
Request for the annulment of the defendant's objection to the enforcement proceedings numbered …/… and for the awarding of enforcement denial compensation of not less than 20% of the disputed debt amount.

EXPLANATIONS:

1- My client initiated an enforcement proceeding without a court judgment against the defendant under case number …/… to collect the debt. However, the defendant unjustly objected to my client, causing the enforcement proceeding to be halted. This objection is completely unjust and baseless. My client's claim is based on a power of attorney relationship.

2- My client undertook the representation of the defendant in the case numbered …/… of the … Civil Court of First Instance. The defendant, without my client's knowledge, reached an agreement with the opposing party to withdraw from the case and acted in order to avoid paying my client the attorney's fees he was entitled to. According to Supreme Court precedents and Article 312 of the Code of Civil Procedure, the party who withdraws is liable for court costs and attorney's fees as if a judgment had been rendered against them. In accordance with this clear provision, my client has been unjustly deprived of his attorney's fees.

3- According to Article 6 of the Minimum Fee Tariff for Lawyers, attorney fees are fully awarded in cases where the case becomes moot, or due to waiver, acceptance, or settlement. The defendant has unjustly avoided paying these fees by objecting to them. However, this objection has no legal basis.

4- The defendant's objection is entirely malicious and was made solely to prolong the enforcement proceedings. Due to the unjust and malicious nature of the objection, the debt, along with all its ancillary charges, must be collected. Furthermore, the defendant's objection must be dismissed, and the defendant must be ordered to pay enforcement denial compensation of no less than 20% of the amount disputed.

EVIDENCE:
1- File No. …/… of the … Enforcement Directorate
2- File No. …/… of the … Civil Court of First Instance
3- Power of attorney No. … of the … Notary Public
4- Witness statements, expert reports and other legal evidence

LEGAL GROUNDS:
The Enforcement and Bankruptcy Law, the Code of Civil Procedure, the Attorneys' Law, and related legislation.

CONCLUSION AND REQUEST:
For the reasons explained above;

I respectfully request and demand , on behalf of my client, that the court rule as follows: 1- The annulment of the defendant's unjust and malicious objection to the enforcement proceedings numbered …/… ; 2- The continuation of the enforcement proceedings in the file numbered …/… of the … Enforcement Directorate; 3- The defendant be ordered to pay enforcement denial compensation of not less than 20% of the disputed amount due to the defendant's unjustified objection; 4- That the court costs and attorney's fees be borne by the defendant.

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