Alanya Lawyer

Finalization of Enforcement Proceedings

Finalization of the Debt in Follow-up without a Decision

In the enforcement proceedings initiated by the general foreclosure process without a warrant, if the debtor notifies his objections to the pay order sent to him by the enforcement department within 7 days, the prosecution stops. If no objection is made within the objection period, the pay order and enforcement proceedings will be finalized.

Paying paid order If the person who received the notification thinks that he does not have such a debt or that he has paid the debt subject to follow-up, he can object to the payment order. Paying pay in the execution proceedings without a warrant initiated through general foreclosure, the objection to the payment order is made to the enforcement directorate that sent the payment order. However, if the debtor is in a place other than the place where the prosecution was initiated, the prosecution may also be objected to through another enforcement agency. In this case, the debtor goes to the nearest enforcement directorate to the place where he is located, submits the objection petition to the enforcement directorate on duty, and the objection document is sent by the enforcement directorate on duty to the enforcement directorate to which he belongs.

In the same petition submitted to the enforcement office, it may be objected that both the enforcement office is unauthorized and the debt subject to follow-up. If, in addition to the objection to the debt, an objection to the place where the enforcement proceedings are conducted is to be objected to, the authority objection should be made together with the objection to the debt.

In the enforcement proceedings initiated through general foreclosure without a warrant, the rightness or unfairness of the debtor in objecting to the debt is not investigated. Along with the objection, the pursuit stops. The creditor must file a lawsuit for the cancellation of the objection in the Enforcement Court within six months or for the cancellation of the objection in the general courts within one year in order to eliminate the debtor’s objection and continue the enforcement proceedings for the collection of the receivable. This period begins with the notification of the debt objection petition to the creditor.

The Period of Finalization in the Announced Follow-Ups

A claim attached to a decision cannot be objected to, unlike a follow-up without a decision. The debtor may request that the execution be postponed by applying to the enforcement court within 7 days from the notification of the execution order for reasons such as “payment of the debt, postponement of the debt, expiration of the payable” only under certain conditions. Unlike an objection, the follow-up does not stop by itself with a request to withdraw. If pay, postponement, statute of limitations situations have arisen after the notification of the executive order, the request for postponement is not subject to the period. Unlike follow-up without a warrant, a court decision is required to stop the follow-up here.

The Period of Finalization for the Follow-ups Specific to Foreign Exchange Bills

The payee may object to the debt, authority and signature within a period of 5 days from the date of notification of the payment order, but the objection to the signature must be made clearly and separately, unlike other objections, otherwise there will be no objection to a valid signature.

Paid paid paid paid ordered by the debtor In addition to the 5-day objection period from the notification of the order of payment of the debtor there is a 10-day payment period from the notification of the order of payment, upon the debtor’s failure to pay the debt and follow-up expenses within 10 days from the notification of the order of payment, the seizure of the debtor’s goods may be requested by the creditor.

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Published by
Barış Kaya