Parties with conflicting rights and interests want the court’s decision to be enforced immediately. But this is not always possible under all circumstances. Enforcement of court decisions is ensured through compulsory enforcement. As a rule in Turkish law, when a decision is made by the court, the enforcement of this decision can be requested immediately....
Category: Blog
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Vacation and Postponement Periods Suspending the Enforcement Proceedings
In order to protect the debtor during the enforcement proceedings, vacation and postponement cases are envisaged. In the presence of vacation and postponement reasons, enforcement proceedings cannot be carried out against the debtor. Since it is counted as vacation hours and days, the enforcement proceedings may not be carried out, and there are also reasons...
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Application for Complaint in Enforcement Law
The persons concerned can apply to the enforcement court with an application for complaint, against the transactions made by the enforcement or bankruptcy bodies against the law or inconsistent with the concrete case. A complaint is a kind of legal application pertaining to enforcement law. This application, which is not technically accepted as a lawsuit...
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Can the Debt Requested to be Paid with a Payment Order Be Objected?
A warning is made to pay the debt within 7 days (or it can be 10 days or 30 days depending on the type of proceeding) by sending a payment order by the enforcement offices. The debtor of the debt specified in the payment order is not necessarily the person to whom a payment order...
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Objection to the Signature on the Bill
The person to whom the payment order has been served may not want to pay the debt included in the payment order for any reason. For example, if the debtor thinks that the debt does not belong to him/her, if he/her thinks that the signature on the bill communicated to him/her with the payment order...
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Frequently Asked Questions About Payment Order and Contesting to Payment Order
The person to whom a payment order has been sent has difficulty in understanding what this document means and the legal conseuqences of sending this document. However, after the notification of the payment order, it is necessary to take action in a very short time. Otherwise, negative consequences may arise, such as having to pay...
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How to Unblock the Blocked Bank Account by The Financial Crimes Investigation Board (Masak)?
The Financial Crimes Investigation Board (Masak) is an organization affiliated with the Ministry of Treasury and Finance, which operates to prevent the laundering proceeds of crime and financing of terrorism. In this context, it has undertaken various tasks in order to reveal and prevent risks to economic security. The Board has powers in different functions...
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The Negative Declaratory Action and its Features
A negative declaratory action is a type of declaratory action filed to prove that the debtor is not indebted. In this case, it is requested from the court to determine that the claimed right or legal relationship does not actually exist. The person who is claimed to be in debt can put forward different reasons...
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Objection to be Made if the Objection Period to the Payment Order Has Been Missed (Delayed Objection)
In enforcement law, the objection period to the payment order in the general enforcement proceedings without a judgment has been determined as 7 days from the notification of the payment order. This period is clear and final, and objections made after 7 days will not be considered. However, in the presence of certain conditions, objections...
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How are the Pecuniary Claims Collected?
The debts arising from the law or contracts are willy, in other words, with the debtor’s own consent, paid by the debtor to the creditor. Although this is what should happen, debtors may not always pay their debts on time of their own will. In such cases, creditors will have to take action to collect...