Petition for Provisional Attachment

Petition for Provisional Attachment

TO THE JUDGE OF THE PRIMARY COMMERCIAL COURT;

PLAINTIFF:  ABC Chemical Industry and Trade Inc. - address

REPRESENTATIVE: Attorney Irem EPÇAÇAN – address

DEFENDANT: XYZ Textile Industry and Trade Ltd. Co. – address

SUBJECT OF REQUEST:Our request is for a precautionary attachment order.

DEBT AMOUNT: ……. TL

EXPLANATIONS:

Both the requesting client company and the debtor company merchants within the meaning of Turkish Commercial Code , and both parties operate commercial businesses. The client sells chemical raw materials to the defendant; there is a continuous commercial sales relationship .

Therefore, the receivable is of a commercial nature , and the dispute of commercial litigation pursuant to Article 4 of the Turkish Commercial Code, and your Court has jurisdiction and competence.

• The client delivered goods to the defendant on various dates during 2024, and the following invoices were issued for these deliveries (example):

  • Invoice dated 01.04.2024 for 250,000 TL ,

  • Invoice dated 15.04.2024 for 250,000 TL ,

  • Invoice dated 30.04.2024 for 250,000 TL

  The due date on the invoices "30 days from the invoice date" . Delivery notes and forms confirm that the goods were delivered to the debtor. The invoices were served to the defendant company; contrary to commercial records and established practices, the defendant did not raise any objections to these invoices within the prescribed time .

  Therefore, the client a total outstanding debt of 750,000 TL .

Despite the invoice due dates being overdue, the defendant has made no payments. The client a notarized notice to the defendant dated [date] demanding full payment of the debt, but the defendant has not paid despite this notice, nor has he proposed a reasonable payment plan.

Therefore, the amount we are owed is due and payable, and the conditions for requesting a precautionary attachment under Article 257/1 of the Enforcement and Bankruptcy Law are met

Research conducted by the client and information obtained from business sources indicate that;

• The defendant company had not been making regular payments.

• Other creditors have also initiated enforcement proceedings against the defendant,

• The defendant terminated the warehouse lease agreements and rapidly disposed.

• The company partners transferred some of the real estate and vehicles registered in their names to third parties

It has been learned.

Considering all these facts together, it is clear that the defendant is inclined to abscond with, conceal, or dispose of his assets, making it significantly more difficult to collect the debt through enforcement proceedings in the future .

Therefore, a legal benefit and necessity in issuing a precautionary attachment order .

The client's receivables;

• Commercial contract and agreement between the parties,

• Invoices, delivery notes,

• Notary notice,

• With commercial books and records

It is a due monetary claim supported by written evidence.

Considering the negative indicators regarding the debtor's financial situation and the signs of asset concealment, the conditions stipulated in Article 257 and subsequent articles of the Enforcement and Bankruptcy Law have been met.

At this stage, at least approximate proof of the debt is sufficient for a precautionary attachment. The client's claim is therefore highly probable and serious , making a precautionary attachment order mandatory.

According to Article 259 of the Enforcement and Bankruptcy Law, security may be obtained from the creditor requesting a provisional attachment. While our client's claim is supported by commercial ledgers and invoices, we are prepared to deposit a fixed or proportional security as deemed appropriate by your Court .

In this context, we request that the type and amount of the security be left to the discretion of your Court.

LEGAL GROUNDS: Turkish Commercial Code, Turkish Code of Civil Procedure and related legislation.

EVIDENCE:

1. Commercial contracts/order forms between the parties ,

2. Invoices dated 01.04.2024, 15.04.2024 and 30.04.2024,

3. Delivery notes and delivery records relating to the delivery of goods ,

4. Client company's commercial books and records (certified copies),

5. the debtor company's commercial books and records.

6. ... notary notice and service endorsement dated [date],

7. UYAP and trade registry records, land registry and traffic records (for the purpose of determining the debtor's asset status),

8. Expert examination if necessary .

9. Witness statements (names and addresses will be provided later, if necessary),

10. All kinds of legal evidence.

(We reserve the right to present and expand on this evidence.)

CONCLUSION AND REQUEST:

For the reasons stated and explained above, and other matters that your Court may consider ex officio;

1. In order to secure the client's overdue commercial receivable of 750,000 TL from the defendant ; a security deposit of up to 900,000 TL, including principal, interest, expenses and ancillary charges , is required.

2. A precautionary attachment shall be placed on the movable and immovable properties of the defendant debtor, all rights and receivables held by third parties, bank accounts, securities, and other assets

3. We request that the provisional attachment order be served on us so that it can be enforced within the prescribed time limit

4. In accordance with Article 259 of the Enforcement and Bankruptcy Law, we shall deposit the security deposit deemed appropriate by your Court

5. The court costs and attorney's fees are to be borne by the defendant

I respectfully request and demand that a decision be made on behalf of my client company.

Plaintiff's Attorney

Attorney Irem EPÇAÇAN