Sample Petition for a Statute of Limitations Case
…TO THE DUTY ENFORCEMENT COURT
Relevant Enforcement Directorate
Case No. : …Enforcement Directorate 2022/… E.
PLAINTIFF :
ATTORNEY : Attorney
DEFENDANT :
Counsel :
SUBJECT : Our request is for a decision to dismiss the enforcement proceeding on the grounds that Case No. 2022/… E. of the … Enforcement Directorate has become time-barred
EXPLANATIONS:
2- In the enforcement proceeding at issue, the last action was taken on …2011; subsequently, the case was renewed via a renewal request dated …2022, and proceedings continued. The last action taken while the case was active was on [date] 2011; therefore, as of [date] 2021, the 10-year statute of limitations period has expired in accordance with Article 146 of the Turkish Civil Code.
3-As explained above, an examination of the enforcement case in question will reveal that, since no action was taken by the creditor during the specified time periods, our debt has become time-barred. Since the debt subject to enforcement has become time-barred, a decision must be rendered to dismiss the enforcement proceedings. To prevent irreparable consequences for our client, we request that no further actions be taken against our client in the enforcement case and that a decision be issued to suspend the enforcement proceedings until your court renders its decision.
Furthermore, since the present case does not require a trial and a review of the enforcement file will suffice, we request that the decision be rendered based on the file.
LEGAL GROUNDS: The Turkish Civil Code (BK), the Turkish Enforcement and Bankruptcy Code (İİK), and all other applicable legal regulations
EVIDENCE: Subject to our right to present counter-evidence against the opposing party’s evidence;
… Enforcement Directorate File No. 2022/… E.
Affidavits and other evidence
CONCLUSION AND REQUEST: Based on the reasons explained in detail above and to be considered ex officio, and subject to our rights to claim additional amounts remaining reserved;
Since the debt subject to enforcement has become time-barred, we request that the enforcement proceedings be provisionally suspended without security for our client,
That the decision be rendered based on the file, if possible
…that, in Enforcement Directorate Case No. 2022/…, enforcement be suspended and the proceedings be dismissed due to the statute of limitations,
We request that the litigation costs and attorney’s fees be imposed on the defendant. Sincerely, May 23, 2022
Plaintiff’s Counsel
Attorney