SAMPLE PETITION FOR A LAWSUIT REGARDING COMMERCIAL LAW

TO
THE ISTANBUL ( ) PRIMARY COMMERCIAL COURT OF THE REPUBLIC OF TURKEY

PLAINTIFF:
ABC TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address: İkitelli OSB Mah. … Cad. No:… Başakşehir/ISTANBUL

REPRESENTATIVE:
Attorney Ferhat Küle
Address: …

DEFENDANT:
XYZ TEXTILE IMPORT EXPORT INC.
Address: Yenibosna Mah. … Cad. No:… Bahçelievler/ISTANBUL

SUBJECT OF THE LAWSUIT: Collection of commercial receivables arising from a sales contract and claim for commercial default interest .

EXPLANATIONS:

1. A Goods Sales Agreement was concluded between the client company and the defendant company on April 1, 2024. Under this agreement, the client delivered textile raw materials worth a total of 250,000 TL to the defendant. These deliveries are documented with delivery notes and invoices

2. The defendant company, despite having used the delivered goods, paid only 100,000 TL of the invoice amount , remaining unpaid for the remaining 150,000 TL . Despite repeated warnings from the client, payment has not been made

3. The parties are merchants, and their relationship constitutes a commercial transaction within the meaning of Article 18/1 of the Turkish Commercial Code . Therefore, the defendant is liable for commercial default interest pursuant to Article 8 of the Turkish Commercial Code, from the date of default .

4. The defendant has not alleged any defects or deficiencies in the delivered goods. In accordance with the provisions of implied acceptance, the delivered goods are deemed to be defect-free pursuant to Article 223/2 of the Turkish Code of Obligations

5. A payment request was sent by the client via a notary public on June 10, 2024 , but no response was received. Therefore, it has become necessary to file this lawsuit to collect the debt.

LEGAL GROUNDS:

Turkish Commercial Code No. 6102 (Articles 18, 20, 8, 1530),
Turkish Code of Obligations No. 6098,
Code of Civil Procedure No. 6100, and other relevant legislation.

EVIDENCE:

• Goods Sales Contract (01.04.2024)

• Invoices (nos: 2024/145, 2024/167 etc.)

• Delivery notes

• Notary notice (dated 10.06.2024)

• Current account statement

• Witness statements (if necessary)

• Expert examination

• Oaths and other evidence.

CONCLUSION and REQUEST:

For the reasons stated above;

1. The defendant is ordered to pay 150,000 TL , along with commercial default interest accruing from the invoice date

2. The court costs and attorney's fees shall be borne by the defendant

We respectfully request that a decision be made.

Plaintiff's Attorney,
Av…
(Istanbul Bar Association)