Requests for Cancellation of Negotiable Instruments and Provisional Protective Measures

the (Location and Court Name) ... PRIMARY COMMERCIAL COURT (Request for Provisional Measures)

PLAINTIFF (REQUESTING ISSUANCE OF PROMISSORY NOTE):

• Name Surname / Title: … (Turkish Republic Identity Number: …)
• Representative: Attorney's Name and Surname
• Address: …

DEFENDANT (HOLDER OF THE INSTRUMENT / CREDITOR):

• Name / Surname / Title: …
• Address: …

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SUBJECT OF THE CASE:

 

This is a request for the cancellation of a promissory note that is the subject of enforcement proceedings .

 

EXPLANATIONS (DETAILS OF THE ALLEGATIONS):

 

1. A commercial transaction or delivery of goods exists between our client and the defendant . Based on these changes, a promissory note was issued by our client to the defendant as payment security. However, the underlying debt relationship (delivery of the purchased goods/services or fulfillment of the contract terms) has not been fully fulfilled by the defendant .
2. The client, upon the defendant's refusal to accept the contractual obligation, notified the defendant via a formal notice demanding the return of the promissory note or a refund of its value . Despite exhausting all legal avenues of payment, the defendant did not respond positively to these demands.
3. Based on this premise, the defendant's enforcement proceedings based on the promissory note unjust enrichment . Our client has a claim, based on solid evidence, that he is not indebted.
4. The defendant's initiation of enforcement proceedings has subjected our client the threat of seizure of assets , of irreparable harm . Therefore, the promissory note be provisionally deemed invalid .

 

EVIDENCE:

 

1. A contract/protocol text that demonstrates fundamental commercial consistency
2. Copies of the notices sent to the defendant and proof of service.
3. If available, bank statements show the payments.
4. They are citing witness statements and all kinds of legal evidence.

 

LEGAL GROUNDS:

 

The regulations regarding bill of exchange dates in the Turkish Commercial Code (TTK), the Turkish Code of Obligations (TBK), the Enforcement and Bankruptcy Law (İİK), and other relevant legislation.

 

REQUEST RESULT:

 

For the reasons explained above and according to your court's statement regarding the details;

1. Cancellation of the promissory note that is the subject of the enforcement proceedings ,
2. The promissory note transaction shall be deemed invalid until the conclusion of the trial (enforcement proceedings shall be suspended).
3. In the case of a precautionary measure order, this measure may result in the plaintiff agreeing to a periodic security deposit agreement.
4. We respectfully request and demand, on behalf of our client, that the court costs and attorney's fees be reimbursed.

Plaintiff's Attorney's Name, Surname, and Signature

ATTACHMENTS: (List of all relevant records)