Claim For Restitution – Complaint
Sample Petition
TO THE DUTY ENFORCEMENT COURT
Relevant Enforcement Directorate
Case No. : … Enforcement Directorate 2022/.. E.
Third Party Filing a Claim of Ownership:
ATTORNEYS :
DEBTORS :
CREDITOR :
Attorney :
SUBJECT : Submission of our claim of ownership and request for the application of Article 99 of the Enforcement and Bankruptcy Code.
EXPLANATIONS :
Your Directorate has carried out an attachment at the address of our client company pursuant to the case file bearing the case number listed above. For this reason, we request the submission of our claims of ownership and the application of Article 99 of the Enforcement and Bankruptcy Code. Specifically:
1- First, it should be noted that the debtor in the case file is …, whose address is …. (Attachment 1: Commercial Registry Gazette)
The address where the seizure took place is the address at which our client company conducts its commercial activities and has no connection whatsoever to the debtor company. (Attachment 2: Sample Tax Certificate) The presumption of ownership favors our client company, which is in possession of the property. On the date of the seizure, entry was made into our client company’s address with the assistance of a locksmith. Since the client company is in possession of the property, it is presumed to be the owner. Therefore, the client company will not bear the burden of proof. The burden of proof lies with the creditor.
2- The claims in the attachment record stating, “A neighbor who refused to provide their name and signature was questioned. They stated that the debtor conducts commercial activities at the address in question,” are baseless. The debtor does not conduct any commercial activities at the address in question.
In the seizure of movable property dated … (Exhibit 3: Seizure Report), the movable property belonging to the client company was seized by the relevant … Enforcement Directorate for the purpose of determining the competent court to rule on the claim of ownership and was left with the debtor as a custodian.
As can be seen from the documents submitted as attachments to our petition:
The address where the seizure took place has no connection to the debtor in this case; rather, our client company operates at that address. The seized property found at the seizure location belongs to our client company. We are also submitting a portion of the invoices for the seized movable property as an attachment. (ATTACHMENT 4: Invoices related to the seized movable property)
… Since the movable property seized in the Enforcement Directorate’s case No. 2022/… E. and mentioned above belongs to our client’s company, we are asserting a claim of ownership. Upon acceptance of our claim of ownership, we request that Article 99 of the Enforcement and Bankruptcy Code be applied to the attachment proceedings; accordingly, we request that the attachment record be evaluated under this provision and that the creditor be granted a period of time to file a lawsuit. Sincerely, May 23, 2022
LEGAL GROUNDS: The Turkish Civil Code (BK), the 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.
Affidavit
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;
We request that the decision be rendered, if possible, based on the case file;
That the attachment on the movable property belonging to the client company be lifted;
We request that the litigation costs and attorney’s fees be imposed on the defendant. Respectfully submitted, May 23, 2022
Counsel for the Plaintiff
Attorney