Petition for Cancellation of a Check Due to Loss
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:
- My client is a company operating at the address written above and received a check from the defendant dated …/…/… for … TL as payment for receivables. This check was given to my client by the defendant for the purpose of collecting a commercial debt.
- The check in question was issued from account number … at … Bank A.Ş. Fatih Branch and has been lost despite all attempts by the client to find it. The loss of the check creates a risk of it falling into the hands of third parties, and the due date on the check is approaching.
- My client felt compelled to immediately request that the necessary measures be taken upon learning of this situation. A decision to suspend payment of the check and to cancel the lost check is crucial to prevent my client from suffering any loss of rights.
- As a result of the investigation, research, and announcements to be made, it will be determined that the check was lost and that my client has suffered a loss as a result. It has become necessary to apply to your court for the cancellation of this check, which my client received as payment for receivables but lost, and for an injunction to be placed on its payment.
EVIDENCE:
- Bank records
- Commercial books and records
- All kinds of legal evidence
LEGAL GROUNDS: Turkish Commercial Code, Turkish Commercial Code and related legislation.
CONCLUSION AND REQUEST:
For the reasons explained above;
- The cancellation of check number … and dated …/…/… issued from account number … of Türkiye … Bankası A.Ş Fatih Branch,
- The payment of the check, the cancellation of which is requested, is to be temporarily suspended to prevent it from falling into the hands of third parties without their knowledge
- I respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees.
…/…/…
Plaintiff's
Attorney Name and Surname
Signature