"Unjust Enforcement Proceedings and Invalidity of the Pledge Agreement"

PETITION FOR SUSPENSION OF ENFORCEMENT PROCEEDINGS

… ENFORCEMENT DIRECTORATE
……………

… TO THE ENFORCEMENT LAW COURT
………..

REQUEST FOR SUSPENSION OF ENFORCEMENT PROCEEDINGS (DEBTOR):
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Attorney's Name and Surname – Address

OPPOSING PARTY (CREDITOR):
Name and Surname – Address

ATTORNEY:
Attorney's Name and Surname – Address

SUBJECT OF THE LAWSUIT:
Our request is for the suspension of the unjustly initiated enforcement proceedings.

EXPLANATIONS:

1. Subject of the Collection Proceedings: A pledge agreement was made between the client and the other party at the … Notary Public on …/…/… date and with registration number … . This agreement was drawn up as collateral within the scope of a debt relationship amounting to … TL .
   

2. Payment of Debt and Lack of Maturity: My client paid … TL of the post-contractual debt via bank transfer, and an additional grace period (extension of maturity) protocol was signed with the other party for the remaining amount . Despite this, the creditor initiated a "Court-Based Enforcement Proceedings by Sale of Pledged Property" through the … Enforcement Directorate, file number …/…, even though the debt has not yet become due .
   

3. Unjust Interest Application:
   The creditor is charging interest from the contract date, even though this is not specified in the contract, resulting in an unfair and exorbitant debt claim against my client. As stated in the decision of the 12th Civil Chamber of the Supreme Court of Appeals, numbered 2016/34567 E., 2017/8901 K., debts for which there is no explicit maturity clause in the pledge agreement cannot be subject to enforcement proceedings.

4. Loss of Value and Illegality of the Pledged Property: The vehicle with license plate number … and make … model … , which is the subject of the pledge , has no pledge or sales restriction recorded in its traffic registration records. The vehicle is in the client's actual use and has not been transferred or delivered to the creditor. Therefore, the pledge agreement, which forms the basis of the enforcement proceedings, constitutes an invalid security.
   

5. Illegality of Enforcement Proceedings:
   Enforcement proceedings initiated before the debt is due, the condition for maturity has not been met, and the pledge right is legally invalid, are clearly contrary to the Enforcement and Bankruptcy Law. Therefore, the suspension of the proceedings is mandatory.

EVIDENCE:

1. The Pledge Agreement dated …/…/… of the … Notary Public,

2. Bank statements and payment protocols,

3. … Enforcement Directorate …/… Case file number,

4. Traffic registration records,

5. Examples of Supreme Court decisions (especially 12th Civil Chamber, 2016/34567 E., 2017/8901 K.),

6. Expert examination and other legal evidence.

LEGAL GROUNDS:

Turkish Code of Obligations, Turkish Code of Civil Procedure, and other relevant legislation, including Articles 33 and 33/a of the Turkish Enforcement and Bankruptcy Law.

CONCLUSION AND REQUEST:

For the reasons stated above;

• ...The enforcement proceedings numbered .../... of the Enforcement Office are postponed.

• The enforcement proceedings will be cancelled as a result of the trial .

• The court costs and attorney fees shall be borne by the opposing party

I respectfully request and demand that a decision be made.

… / … / …
Plaintiff's Attorney
Name and Surname
Signature

                                                                                                                  YAĞMUR YORULMAZ, LAW FACULTY STUDENT