Petition for Collection of Penalty Claim Due to Breach of Service Agreement

TO THE DUTY PRIMARY CIVIL COURT
….

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

ATTORNEY:
Lawyer's Name and Surname
Address: …

DEFENDANT:
Name and Surname
Address: …

SUBJECT:
Claim for collection of penalty fees due to breach of service contract.

EXPLANATIONS:

1. A service contract was signed between my client and the defendant on …/…/…. According to this contract, the defendant was obligated to develop the software infrastructure of the company operated by my client and to put the relevant system into operation by … date.
2. According to clause … of the contract, if the system is not delivered by the specified date, the defendant agrees and undertakes to pay a penalty of … TL for each month. Furthermore, if the project is not completed, the contract will be terminated and the penalty clause will apply.
3. However, the defendant failed to deliver the system infrastructure by the specified date and did not carry out the necessary work to complete the project. Despite numerous written and verbal warnings from my client, the defendant failed to fulfill its obligations under the contract.
4. My client is entitled to claim penalty payments under the relevant clauses of the contract due to this situation, which has caused disruptions in business processes and financial losses. A notice was sent to the defendant, but the defendant has failed to fulfill its obligation.
5. According to the contract, the client is required to collect the penalty amount of … TL, along with interest, from the defendant. Furthermore, this lawsuit has been filed to determine the damages arising from the defendant's failure to fulfill its obligations, reserving our rights to any additional claims that may arise.

EVIDENCE:

1. Service contract
2. Warning notice sent
3. Correspondence and emails
4. Expert examination
5. Witness statements
6. Other legal evidence

LEGAL GROUNDS:
Turkish Code of Obligations, other relevant legislation, and contractual provisions.

CONCLUSION AND REQUEST:
For the reasons stated above:

1. The plaintiff requests that the defendant pay … TL as penalty payment, together with legal interest accruing from …/…/… date
2. The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand a decision on behalf of my client.

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