Example Of a Request For Collection Of Overpayments Made as a Fiduciary Borrower From Another Borrower

02 Jan Example Of a Request For Collection Of Overpayments Made as a Fiduciary Borrower From Another Borrower

… TO THE JUDGE OF THE COURT OF FIRST INSTANCE;

PLAINTIFF :

TC IDENTIFICATION NUMBER :

ADDRESS :

Deputy :

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT :

Address :

Subject : request for collection of overpayments made as a fiduciary debtor from another debtor

LITIGATION VALUE :

(In cases related to property rights)

INSTRUCTIONS :

1 -) against our client and the defendant of our file (the other debtor of the file)……………/…… execution follow-up was initiated due to the bond with the main numbered file. (Annex-1 ) total file debt…….- TL and our client signed the bond together with the defendant (debtor), leaving the surety house empty.

2 -) our client has the entire debt of execution file……..- He paid the TL to the file creditor on the date of…/…/…. But for the reasons mentioned above and 167 of the Turkish Code of Obligations No. 6098. “unless otherwise agreed or understood by the nature of the legal relationship between the debtors, each of the debtors is responsible for the performance made to the creditor with equal shares against each other. A borrower who has performed more than his share has the right to ask other borrowers for the excess amount he has paid. In this case, the debtor can only apply to each debtor at the rate of his share. Other borrowers are obliged to assume the amount that cannot be received from one of the borrowers equally.” Taking into account the provision, which is the main debt due to our client’s mutual debt with the defendant………-it must be responsible for 1/2 of the TL.

3 -) our client is obliged to open this case for collection from the defendant along with the interest of the extra…… TL made to the bond creditor based on the bond they signed together with the defendant.

Legal reasons: 6098 P. K. m.167; 6100 S. K. m. 2, 6

LEGAL EVIDENCE :

1-) ……… Executive Directorate ……/…… basic numbered file (subpoena will be required by your court.)

Conclusion and claim: for the reasons described above, the bond creditor is made by our client…….-We respectfully demand that the payment of TL be collected from the fiduciary debtor along with the default interest, that the trial costs and proxy fees be charged to the other party, on behalf of our client. …/ …/ …

Acting Plaintiff

Attorney

ECLAIR:

1 -) one sample of approved power of attorney