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Petition for Cancellation and Interim Measures for a Lost Check

TO THE DUTY PRIMARY COMMERCIAL COURT
OF ANKARA

PLAINTIFF: Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE: Lawyer's Name and Surname – Address
DEFENDANT: Name and Surname – Address
CASE: Request for cancellation of a check.
AMOUNT OF THE CLAIM: … TL.

EXPLANATIONS:

  1. My client is a company operating at the address mentioned above and received a check dated …/…/… for … TL from the defendant as payment for receivables. This check was given by my client to the defendant in exchange for sales transactions.
  2. The check was issued from account number … at Türkiye … Bankası A.Ş. Fatih Branch and dated …/…/…. However, this check was lost by our client and could not be found despite all searches. The due date on the lost check is rapidly approaching, and there is a risk that the check may fall into the hands of malicious third parties.
  3. Since the fact that the check is lost has only recently come to our attention, we are requesting the court to provisionally suspend the payment of this check. We believe that this measure is essential to prevent our client from suffering greater harm in the future.
  4. It is believed that the loss of the check will be determined through investigation, examination, announcement, and legal processes. To protect our client's rights, we have been compelled to file this lawsuit to have the lost check cancelled and necessary measures taken.

EVIDENCE:

  1. Bank records
  2. Commercial books and records
  3. All kinds of legal evidence

LEGAL GROUNDS: Turkish Commercial Code, Turkish Commercial Code, and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons stated above;

  1. The cancellation of check number … and dated …/…/… issued from account number … of Türkiye … Bankası A.Ş. Fatih Branch,
  2. The payment of the check is to be temporarily suspended as a precautionary measure to prevent it from falling into the hands of third parties without their knowledge
  3. I respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.

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

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