address :


attorney :

(Legal representatives of the parties, if any)


address :

(Legal representatives of the parties, if any)





SUBJECT : It includes our request to lift the injunction.







1-) With the sales agreement (ANNEX 1) signed between our client and the counterparty (creditor) on Dec./ …/ …; our client has purchased … one … lawnmower and the sale price is … TL. in exchange… he gave me an equal amount of bills of exchange.


2-) The counterparty (creditor) must pay … TL on the date of our client’s …/…/. due to the fact that the first installment of the price was not paid on time, the Executive Directorate … / … E. he followed up with his numbered file (APPENDIX 2) and applied to your court with a request to issue an injunction. Your Court …/ … E. with its numbered file, an injunction has been issued in accordance with the creditor’s request. (APPENDIX 3)


3-) Enforcement and Bankruptcy Law No. 2004;


257, entitled ”Terms of Precautionary Lien”. in the article;


“The creditor of a money debt that has not been secured and has expired may jul-tively foreclose on the debtor’s movable and immovable property and receivables and other rights that are in reserve or in a third party.


A precautionary lien may only be requested in the following cases due to an overdue debt:


1 – If the borrower does not have a specific settlement location;


2 – If the debtor prepares to hide his property, kidnap or flee himself in order to get rid of his obligations, or escapes or commits fraudulent transactions that violate the creditor’s rights for this purpose;


In this way, if a precautionary lien is placed, the debt will only affect the debtor.


Ship creditors can only impose a precautionary lien on goods and rights that constitute liability if the owner is only liable in the same way as the mahdut. Except in cases where the donor is also personally responsible for this. So far, if the personal liability of the donator is limited to an amount, the ship’s creditors can only foreclose on the other goods of the donator for this amount.


The provision of the above paragraph on freight creditors is also applied by comparison.” ,


265, entitled ”Appeal and Appeal against the Decision on the Injunction”. in the article;


“The rest of the debtor itself, given the precautionary warrant is based on the grounds of the court’s authority and against the collateral; Huzuri foreclosure foreclosures in with the application, otherwise the memorandum of lien within seven days from the date of notification of the application may appeal to the court.


Third parties whose interests have been violated may also object to the reasons or collateral on which the precautionary foreclosure is based within seven days from the date of learning of the precautionary foreclosure.


An appeal may be filed against the decision made on appeal. The district court of justice examines this application first of all and its decision is final. The application for an appeal does not stop the execution of the injunction.


The court accepts or rejects the objection by conducting an examination based on the reasons shown.


The objector is obliged to attach all the documents that he maintains to his petition. After the court has invited and heard the two parties on the appeal, it may change or lift its decision if it considers the objection to be valid. The fact is that if neither side comes, the document is decided by examining it.”


the arrangement is included in the.


4-) Other bills of exchange that are the subject of the main monitoring have not been muaccel; even if the bills are not muaccel, the conditions stipulated in the law for making an injunction lien decision have not been created on behalf of our client. On the other hand, there is also no decisiveness agreement between our client and the counterparty (creditor). Due to the fact that an injunction has been issued before the receivables become due, your court … / … E. it has been necessary to apply to your court for the removal of the injunction lien decision that it has issued with its numbered file.


LEGAL REASONS : 2004 P. K. m. 257-268, 6100 pp. K. m. 316


LEGAL EVIDENCE: … / … / … the contract of sale dated … / … of the Executive Directorate …/ … E. the numbered execution file, …. The Court of …/ … E. the precautionary foreclosure decision he made with his numbered file


CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client that the decision to accept our appeal against the injunctive relief decision made about our client be made. …/ …/ …


ATTACHMENTS: 1- …/…/… Sales Contract dated October

2- …. Executive Department./…. E. executive file no.

3- …. The Court of …/ … E. the precautionary lien issued by the numbered file


4- An example of a certified power of attorney.




The Objector’s Attorney

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