TO THE ISTANBUL ON-CALL EXECUTION COURT JUDGE
PLAINTIFF:
ATTORNEY:
DEFENDANT:
SUBJECT: This petition contains our objection, within the time limit, to the authority, signature, debt, and all its consequences, requesting that the date of service of the payment order be corrected to March 22, 2017, which is the date our client learned of the enforcement file, due to the irregular service made to our client.
RELEVANT ENFORCEMENT FILE: Istanbul XX Enforcement Directorate File No. 2017/XXXX E
EXPLANATIONS
1- In the enforcement proceedings initiated by the Istanbul XX Enforcement Directorate under file no. 2017/XXXX E, a 7th sample payment order was sent to the client company’s registered address from the file showing XXXX as the creditor. Since service could not be effected at this address, on XX.XX.XXXX, contrary to the Notification Law, the notification was left with the village headman and the proceedings were finalized.
2- On XX.XX.XXXX, when the defendant came to the client company’s registered address with the intention of seizing assets, the client became aware of this enforcement file. One day later, on XX.XX.XXXX, the details of the file were obtained from the enforcement office, and a petition of objection was submitted to the enforcement office file.
3- The defendant is clearly acting in bad faith. Knowing that there was no one authorized to receive service at the client’s warehouse address, the defendant intentionally served the notice at that address but included the attachment order in the enforcement file to be served at the client’s main address. This alone demonstrates that the defendant knew that no one was authorized to receive notifications at the warehouse.
4- The defendant took advantage of the postal workers’ lack of knowledge of the law. Upon inquiry with both the Istanbul Trade Registry Office and the tax office, it will be seen that our client’s warehouse address has not been reported to any official or private institution for the purpose of receiving notifications.
5-The contract dated XX.XX.XXXX between the defendant and our client company clearly specifies the notification addresses, and the address provided is the address of our client company’s headquarters, which is subject to seizure. The address to which the defendant sent the notification is an address where our client keeps scrap machine parts and where there are no employees.
6-Our objections regarding the debt were made to the enforcement office within the time limit after the date of learning, and the date on which the payment order sent by the enforcement office was left with the village headman was accepted as the date of notification. For this reason, the enforcement office rejected our objection due to the expiration of the time limit.
7-The notification made to the client is invalid under the Notification Law, and it has become necessary for us to file a lawsuit in order to have our date of learning, XX.XX.XXXX, accepted as the date of notification and to determine that our objection to the enforcement file was made within the time limit.
EVIDENCE: Istanbul Enforcement Office file no. XXXX/XXXX, notification documents, witnesses, discovery, expert examination, and all other evidence.
CONCLUSION AND REQUEST: For the reasons briefly stated and explained above, which will be taken into consideration by the court,
1) The date we learned of the enforcement file, XX.XX.XXXX, should be accepted as the date of notification due to improper notification.
2) Our objection to the debt filed with the enforcement office should be accepted within the time limit due to the change in the date of notification, and the enforcement office’s decision to reject our objection should be revoked due to the complaint.
3) The enforcement proceedings should be suspended due to our objection.
4) We submit for your approval and consideration the decision to impose court costs and attorney’s fees on the opposing party. XX/XX/2017
Plaintiff’s Attorney