Petition for Provisional Attachment Due to Check Debt

TO THE DUTY PRIMARY COMMERCIAL COURT

ISTANBUL

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

REPRESENTATIVE: [Attorney's Name and Surname] – [Address]

DEFENDANT: [Name and Surname] – [Address]

SUBJECT OF THE CASE: This is a request for provisional attachment due to a check dated …/…/… with a maturity date of … TL.

EXPLANATIONS:

1. As can be seen from the attached sample check, the debt has matured but payment has not been made. When the check was presented to the bank, it was determined that there were insufficient funds, and the necessary records regarding this have been made. Enforcement proceedings have been initiated against the defendant debtor under file number [Enforcement Directorate Name] …-Essay.
2. My client has pursued various avenues to collect the debt but has been unsuccessful. Despite repeated attempts to contact them, the debtor remains persistent in refusing to pay. This situation exacerbates my client's hardship and makes debt collection even more difficult.
3. Our claim is not secured by collateral. Therefore, any legal action is likely to be unsuccessful. Considering the possibility that the debtor may conceal assets, it has become necessary to request a precautionary attachment against the defendant debtor in order to prevent such an outcome.

EVIDENCE: 1- Contract, 2- Check, 3- Enforcement proceedings file, 4- Bank records, 5- Notices and other legal evidence.

LEGAL GROUNDS: The Enforcement and Bankruptcy Law, the Turkish Code of Obligations, and other relevant legislation.

CONCLUSION AND REQUEST: For the reasons stated above, I respectfully request and demand that the lawsuit be accepted, that a provisional attachment order be issued against the defendant debtor, and that the court costs and attorney's fees be borne by the defendant. …/…/…