Petition for Objection to Unjust Enforcement Proceedings

… TO THE ENFORCEMENT DIRECTORATE

File Reference Number: …/…

OBJECTING PARTY (DEBTOR):
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address

OPPOSITE PARTY (CREDITOR):
…. Financial Consultancy Inc. – Address

ATTORNEY:
Lawyer's Name and Surname – Address

SUBJECT:
Submission of our objections regarding the debt, jurisdiction, interest rate, and creditor status in relation to the wrongfully initiated enforcement proceedings.

EXPLANATIONS:

1. Tracking Information and Errors in the Process:
   The Payment Order regarding the enforcement proceedings initiated against my client by …. Financial Consultancy Inc. on …/…/… was served on my client on …/…/…. Since the request in the enforcement file has no legal or material basis, it has become necessary to submit our objections within the prescribed time limit.
2. Collection Proceedings Initiated Despite Our Lack of Debt:
   XYZ Financial Consultancy Inc. is making a claim for debt based on a credit protocol bearing our client's name. However, our client was not a party to the said credit protocol and did not undertake any payment commitment. The signature on the agreement does not belong to our client, and the protocol was prepared without our client's consent. Therefore, we object to the debt claim.
3. Objection Regarding Creditor Status:
   XYZ Financial Consulting Inc. is not the actual creditor of any debt belonging to the client. There is no information in the contract or other document justifying this company's status as a creditor. Furthermore, no document has been submitted indicating that the receivable mentioned in the protocol has been transferred or assigned.
4. Objection to Jurisdiction:
   The enforcement proceedings were initiated by an enforcement office that lacks legal jurisdiction. Considering the client's place of residence and business address, it is clear that the competent enforcement office is located in a different judicial district. Therefore, we explicitly object to the jurisdiction.
5. Exorbitant Interest Rate and Erroneous Calculation:
   The interest rate requested in this case exceeds legal limits and is aimed at unjust enrichment. The requested amount is such that it could cause economic hardship to the client, even in cases where there is no actual debt relationship. We object to the interest rate and calculations.
6. Illegality of Supporting Documents:
   The creditor has submitted a protocol of questionable validity and suspicious signature as the basis for the enforcement request. This protocol is not properly prepared and shows signs of forgery. We request that a signature and document examination be conducted if deemed necessary.

EVIDENCE:

1. Enforcement file,
2. The relevant loan agreement,
3. Request for signature verification,
4. Documents showing the client's residential and business address,
5. Expert examination and other legal evidence.

LEGAL GROUNDS:
The Enforcement and Bankruptcy Law No. 2004, the Turkish Code of Obligations, and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons stated above:

• in the enforcement proceedings initiated against our client be accepted.
• To suspend the enforcement proceedings
• We respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees. …/…/…

Name and Surname                                                                                                                                               of the Objecting Attorney,                                                                                                                                                             Signature