Petition For Overdue Objection Due To Irregular Notification
TO THE JUDGE OF THE ENFORCEMENT LAW COURT ON DUTY IN ISTANBUL
THE PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT : This is our petition for the correction of the date of notification of the payment order as the date of 22.03.2017, which is the date of our client’s learning of the execution file due to the improper notification made to our client, and our objection to the authorization, signature, debt and all its accessories in due time.
RELATED ENFORCEMENT FILE: Istanbul XX Execution Directorate file numbered 2017/XXXX E
EXPLANATIONS
1- With the enforcement proceeding initiated with the number 2017/XXXX E of Istanbul XXth Execution Directorate, a 7th Sample payment order was sent to the warehouse address of the client company from the file whose creditor appears as XXXX. On XX.XX.XXXX, the proceeding was finalized by leaving the notification to the headman in violation of the Notification Law on XX.XX.XXXX, claiming that notification could not be made to this address.
2- On XX.XX.XXXX, when the defendant party came to the headquarters address of the client company for the purpose of attachment, the client was informed about this execution file. One day later, on XX.XX.XXXX, the details of the file were learned from the execution directorate and an objection petition was submitted to the execution directorate file.
3- The defendant is clearly malicious. Knowing that there was no one authorized to receive the notification at the client’s warehouse address, he deliberately sent the notification to that address, but received the attachment order in the execution file to the client’s headquarters address. Even this shows that the defendant knew that there was no one authorized to receive notifications at the warehouse.
4- The defendant took advantage of the postal officers’ ignorance of the law. When asked from both the Istanbul Trade Registry Office and the tax office, it will be seen that our client’s warehouse address has not been notified to any official or private institution for the purpose of receiving notifications.
5- In the contract dated XX.XX.XXXX dated XX.XX.XXXX between the defendant and the client company, the notification addresses are clearly determined and the address reported is the headquarters address of the client company where the seizure is applied. The address to which the defendant served the notification is an address where our client keeps machine parts in the nature of scrap and has no employees.
6-Our objections regarding the debt were made to the enforcement directorate within the time period after the date of learning, and the date when the payment order sent by the enforcement directorate was left to the mukhtar was accepted as the date of notification. For this reason, the enforcement directorate rejected our objection due to time.
7-The notification made to the client is invalid in accordance with the Notification Law, and we have been obliged to file this lawsuit in order to accept the date of XX.XX.XXXX, which is the date of our learning, as the date of notification and to determine that our objection to the enforcement file was made within the time limit.
EVIDENCE : Istanbul Execution Directorate File No. XXXX/XXXX, Notification documents, witnesses, discovery, expert examination and any other evidence
CONCLUSION and REQUEST : For the reasons we have briefly presented and explained above and which will be taken into consideration by your court ex officio
1) To accept the date of XX.XX.XXXX, which is the date of our learning of the execution file, as the date of notification due to irregular notification,
2) Our objection to the debt made to the enforcement directorate is accepted in due time due to the change of the notification date and the decision of the enforcement directorate to reject my objection is removed due to the complaint,
3) Suspension of the execution proceedings due to my objection
4) We submit for your tensip and opinion that the court costs and attorney’s fees should be charged to the other party. XX/XX/2017
Counsel for the Plaintiff
