Stay of Execution – Suspension of Execution Process
As stated above, there is no need to wait for the finalization of the judgments in order for them to be enforceable. The exception to this is only those judgments that cannot be executed before finalization. Tehiri icrai (stay of execution) prevents the creditor of the enforcement proceedings from obtaining the receivable during the appeal or appeal stages due to the enforceability of the court decisions.
A letter indicating that the court decision subject to the enforcement proceedings has been appealed is received from the local court.
A request is submitted to the enforcement proceeding file for a time limit to bring a decision on “Suspension of Execution (Tehir-i Enforcement)”.
If the collateral is in cash, it is deposited to the enforcement office. If it is other than cash, an acceptance decision is taken regarding the acceptance of the collateral.
A 30-day deadline is given by the Enforcement Directorate to bring a decision on “Stay of Execution (Tehir-i Enforcement)”.
An application is made by the debtor or his/her attorney to the Execution Court to obtain a “Suspension of Execution (Tehir-i Enforcement)” decision. The decision on the time limit shall be attached to the application.
The applications to be made through the lawyer portal are as follows.
i. Civil Court Case Opening > Enforcement Court > File Type: Different Job > Case Type: Execution (Stay of Execution (Article 36 of the Execution Law)) > Unit; Related Execution Office > File No. > Inquiry
During the application, the application fee, deferral of execution fee and advance on expenses shall be paid. If the application is accepted, these fees shall be registered to the treasury, and in case of rejection, they shall be returned.
If the Enforcement Court decides to “Stay of Execution (Tehiri Enforcement)”, this decision is notified to the file of the Enforcement Directorate and the court.
Period for Requesting Suspension of Execution from the Execution Court
The objection period is divided into two according to whether the redemption, extinguishment or statute of limitations occurred before or after the notification of the enforcement order. These are
An appeal must be lodged within seven days,
Indefinite appeal
If the debtor claims that the debt has been redeemed or postponed or time-barred in the period prior to the notification of the enforcement order, the debtor may request a stay of execution from the enforcement court within seven days, i.e. object to the enforcement order within seven days. If the debtor does not request the stay of execution within seven days, the enforcement proceeding with judgment becomes final and the debtor is obliged to pay the debt. If the debtor claims that the debt has been redeemed or postponed or is time-barred in a period after the notification of the execution order, he/she can always ask the execution court to suspend the execution and object to the execution order.
What is a Time Delay Notice?
As we have stated above, when the debtor of the execution file with writ of execution submits a guarantee to the execution file that the decision subject to execution is appealed or appealed and a collateral that covers the file debt together with the 3-month interest, a time limit is issued by the Enforcement Directorate. The Time Limit Certificate is a document showing that the debtor has appealed or appealed the decision subject to the judgment enforcement with a deferred execution request and deposited a collateral for the file debt together with 3 months of interest.
In addition, in this document, the debtor is given time to bring a deferred enforcement decision from the court. This period is 90 (ninety) days. For ninety days, the enforcement proceedings are suspended based on the time limit. In other words, the creditor cannot perform any foreclosure during this period.
Obtaining a stay of execution decision from the Enforcement Law Court
The debtor of the execution file with execution must obtain a stay of execution decision from the execution court in order to stop the proceedings until the end of the appeal or appellate review after receiving the time limit. In order to obtain a stay of execution, it is necessary to apply to the enforcement law court with a petition. Attached to the petition
A statement that the decision subject to enforcement proceedings has been appealed or appealed with a request for deferred execution,
File calculation for the 3-month (90) days after the 3-month (90) day period,
Copy of the receipt or letter of guarantee for the cash collateral,
Time limit,
must be. The applications to be made to the Enforcement Law Court will be made as a different work file from the law dispatch office or via Uyap.
Competent and Authorized Court for the Decision on Forbearance of Execution
Article 5 of the Law No. 7343 dated 30.11.2021 and numbered 7343 on the Amendment of the Execution and Bankruptcy Law and Certain Laws
“The phrase “from the Regional Court of Appeals or the Court of Cassation” in the first paragraph of Article 36 of the Law No. 2004 has been amended as “from the execution court where the proceeding is made” and the third paragraph has been amended as follows: “Pursuant to the provision, the competent and authorized court for the deferment of execution, also known as deferred execution, is the execution court where the proceeding is made.
Objection to the Execution Order and Reasons
The objection to the enforcement order is made with a petition to the court of execution, which is subject to the enforcement office where the enforcement proceedings are carried out. The objection made by the debtor to the enforcement office is invalid. The objection to the writ of execution does not stop the enforcement proceedings. Execution proceedings with writ of execution can only be initiated with the decision of the execution court to suspend the execution.
Grounds for objection
Redemption objection,
Clearing objection,
Appeal against postponement
It can be stated as a statute of limitations objection.
Restitution and Negative Determination Cases in Execution with Execution
The debtor may file a reclamation action against the creditor if the debtor claims that he has been obliged to pay money that he does not owe because his debt has been redeemed or has become time-barred in the period after the date of the judgment, but he cannot prove this claim before the enforcement court. The creditor cannot file a final judgment objection against the reclamation action based on the decision of the execution court rejecting the request for suspension of execution. Because the decisions of the enforcement court do not constitute a final judgment in material terms. Since the negative assessment lawsuit is the precursor of the reclamation lawsuit, there is a legal benefit in filing a negative assessment lawsuit, which is the precursor of the reclamation lawsuit that has not yet been filed because the debt has not been paid.