Reply Petition In Case Of Objection To Sequence Schedule
TO THE COURT OF EXECUTION LAW
File No:
DEFENDANT
ATTORNEY:
THE PLAINTIFF:
ATTORNEY:
SUBJECT: Presentation of our answers and evidence against the lawsuit petition.
EXPLANATIONS:
OUR PROCEDURAL STATEMENTS:
We are of the opinion that this case of objection to the ranking schedule pending before your Honorable Court should be consolidated with the case of objection to the ranking schedule pending in your Court’s file numbered … E. regarding the same receivable. Because, when both this case before your Honorable Court and the case file numbered … E. of your Court are examined, it will be seen that both cases are cases regarding the order and degree decision issued on … date from the file numbered … E. of the … Enforcement Directorate.
For this reason, we request that the case pending before your Court in the file numbered … E., which is one of the cases filed before your Court for the same order and degree decision, be consolidated with the case file numbered … E. and that the trial be decided to continue on this file.
OUR STATEMENTS ON THE MERITS:
First of all, we request the determination of whether the plaintiff’s objections were made within the legal period and the rejection of the objections if it is determined that they were not made in due time.
The plaintiff’s unfair and legally groundless lawsuit should be dismissed. Namely
Loans were extended pursuant to the general loan agreements concluded between the non-suit … A.Ş. and the non-suit … A.Ş. and signed by the owner of the immovable property subject to the lawsuit as a joint and several guarantor. Although the company and its sureties, who defaulted in the repayment of the debts arising from the loans, were notified to pay the loan debts by issuing account fold notices, the debts were not paid despite the notice.
Due to the non-payment of the loan debts despite the warning, the non-suit creditor … A.Ş., which assigned its receivables to the client company, obtained a precautionary attachment decision against all debtors, including the non-suit debtor, with the request to collect the receivable amounting to … TL, without reserving the right to claim more, and subsequently, the main proceeding was initiated from the file numbered … Es. of the … Enforcement Directorate and the proceeding was finalized.
Following the execution proceedings initiated against the debtors, pursuant to the provisions of the Receivables Assignment Agreement dated … and numbered … of … Notary Public No. … entered into between the non-claimant creditor … A.Ş. and the client … Varlık Yönetim A.Ş., the creditor non-claimant … A. A.Ş.’s all receivable rights from the non-suit … A.Ş., including the rights to apply to all kinds of official authorities and legal remedies for the collection of the receivable, have been transferred and assigned to the client … Varlık Yönetim A.Ş..
In the subject … Execution Directorate’s … Es. In the execution proceeding numbered …, with the letter dated … written to the … Land Registry Directorate, a precautionary attachment annotation was requested on all immovables registered in the name of the out-of-case debtor …, and by the relevant land registry directorate, a precautionary attachment was established on the … and … share of the immovable property registered in the name of the out-of-case …, … District, … District, … neighborhood, … block …, … parcel … with the date … and journal number …… Our lien on the … share of the subject immovable was in the 2nd place on the date of its imposition, and our lien on the … share was in the 1st place on the date of its imposition.
The date of the attachment placed on the … share and the … share of the immovable property, which is the subject of the lawsuit … Province, … District, … neighborhood, … block, … parcel, registered in the name of the non-suit … from the enforcement proceeding file numbered … Es. of the … Enforcement Directorate initiated by the plaintiff is …. Accordingly, the plaintiff’s lien is in the … row, as can be clearly seen from the title deed record. THEREFORE, THE CLAIM OF THE PLAINTIFF THAT THERE IS NO OTHER CREDITOR’S LIEN BEFORE THE PLAINTIFF IS BASELESS AND UNTRUE.
The plaintiff filed a request on … date to the … Execution Directorate’s execution file numbered … Es. … on the immovable property registered in … Province, … District, … District, … Neighborhood, … parcel, … volume, … page numbered … registered in the name of the non-suit debtor …, but not the shares of the immovable property subject to the lawsuit (… and … of the immovable property which is … Province, … District, … neighborhood, … block, … parcel …). In the reply to the letter dated … sent by the plaintiff to the relevant land registry directorate, it was stated that a lien was placed on the immovables subject to the lawsuit based on the letter dated …, and in …, it was stated that the subject immovables could not be identified despite the inquiry made with the name and T.R. C. and that the lien annotation could not be processed.
In the ongoing process, the immovable shares subject to the lawsuit were put up for sale from the file numbered … Es. of the … Execution Directorate belonging to the non-suit creditor and sold on … date. The amount remaining from the sale was sent to this execution file to be ranked due to the fact that the attachment of the file numbered … Es. of the … Enforcement Directorate, of which the client company is a creditor, is in the 1st place. When the order of attachment on the immovable shares subject to the lawsuit is evaluated, the client company’s receivable is in the first place and there is nothing to be canceled in the order list.
LEGAL GROUNDS EBL, CPL and other relevant legal legislation.
EVIDENCE : Execution proceedings files, title deed records, execution files, expert examination and all other legal evidence. We reserve the right to submit counter evidence.
REQUEST AND CONCLUSION: For the reasons set forth and explained above, without prejudice to our right to claim and sue for more;
This case file before your Honorable Court shall be consolidated with the file numbered … E. of your Court and the proceedings shall continue through the file numbered … Es. of your Court,
The claimant’s objection to the order and degree decision is rejected,
… To accept the order and degree decision issued from the file numbered … E. of the … Execution Directorate,
We request and demand that the judicial expenses and attorney’s fee be charged to the plaintiff.
Sincerely,
Counsel for the Respondent
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