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How to Prove the Debtor's Purpose of Smuggling Actions for Cancellation of Disposition?

Actions for annulment of disposition are filed with the request of cancellation of transactions made by the debtor that harm the creditor's right to claim. Thanks to this lawsuit, the actions of the debtor can be invalidated against the creditor. In the law, the situations in which the action for the annulment of the savings can be filed against the debtor are specified. In all of these cases, in order for the action for annulment of disposition to be filed, the debtor must have the intention to harm his creditor or one of his creditors.

Article

The Role of Insolvency Certificate and Actions for Cancellation of Disposition

At the end of the execution proceedings carried out by the creditor against the debtor, if the amount of the debt is still undelivered, the document drawn up to certify the unpaid portion is called the insolvency certificate or the insolvency certificate. The certificate of insolvency shows that the debt cannot be paid partially or completely with the property of the debtor that has been sold and turned into money, and that his assets are not enough to meet his debts. By means of issuing a certificate of insolvency about the debtor, the creditor obtains certain rights. This...

Article

The Lawsuit that the Person Who Has to Pay a Money He/She Does Not Owe Due to the Execution: Istirdat (Recovery) Case

The person who is faced with the risk of seizure and sale of his goods, although he is not in debt, pays the money subject to the enforcement proceeding in order to eliminate this risk. There are different options in front of the person who wants to get back the money he paid unfairly. “Can the Money Paid Due to Unfair Execution Proceedings Be Recovered?” In our article titled, we talked about the procedure for the return of execution. Return of execution, court decision regarding money receivable,...

Article

Lawsuit Filed Against the Debtor's Assets Transferred with the Purpose of Smuggling : Actions for Cancellation of Disposition

  The creditor who wants to collect his debt from the debtor must initiate an enforcement proceeding and have the debtor's goods seized and sold. However, the debtor may have tried to dispose of the movable and immovable properties in his possessions, as he foresees that the creditor will have his property seized. Although the debtor's powers over his property and rights are restricted after the foreclosure or bankruptcy decision is made, the lien or...

Article

How to Get Back the Paid Money While the Negative Decision Case is Continuing?

The person, who is requested to pay debts by initiating an enforcement proceeding, can file a negative declaratory action against the execution proceeding if he/she thinks that he/she is not indebted. In this case, as a rule, both litigation and enforcement proceedings continue at the same time, and mostly, enforcement proceedings are concluded earlier than the case, since it is a faster process. In this case, the debtor's...

Article

The Difference Between Actions for Annulment of Disposition and Lawsuits for Nullification Filed Due to Collusion

Actions for annulment of disposition and actions for annulment filed due to collusion can be confused with each other due to their verbal connotations and, in some cases, a collusive transaction. In practice, it is common for one of these lawsuits to be filed where the other is to be filed. In this case, instead of rejecting the case, the courts, if the other conditions are right, make the legal characterization correctly and in which provisions the case should be heard...

Article

Actions for Negative Decision Filed by Check or Bill (Promissory Note) Borrower

The vast majority of negative clearance cases are filed regarding debts related to bills of exchange (cheques, bills, policies). The bill of exchange is a strong evidence that strengthens the creditor's hand. The debtor is in a disadvantageous position vis-à-vis the creditor who has followed up his receivables arising from a check or bill of exchange through a lien specific to bills of exchange. Because, the debtor's objection to the debt or signature in the bill of exchange in the follow-up through the lien specific to the bills of exchange...

Article

Detection of Forgery of the Promissory Note and the Litigation Process

It is frequently witnessed that people are put into debt by issuing fake promissory notes in commercial and daily life. Persons who are shown as debtors on a promissory note without their own knowledge and will and without signing are faced with unjust and malicious execution proceedings or lawsuits. It is determined in court that the deed on which the person who is a victim of this situation is based on is fake.

Article

The Lawsuit that the Person Who Has to Pay a Money He/She Does Not Owe Due to the Execution: Istirdat (Recovery) Case

  The person who is faced with the risk of seizure and sale of his goods, although he is not in debt, pays the money subject to the enforcement proceeding in order to eliminate this risk. There are different options in front of the person who wants to get back the money he paid unfairly. “Can the Money Paid Due to Unfair Execution Proceedings Be Recovered?” In our article titled, we talked about the procedure for the return of execution. Return of execution, court regarding money receivable...

Article

Litigation Guide of the Borrower in Enforcement Proceedings

The party from whom payment is requested with the claim that he is a debtor in the execution proceeding is called the debtor of the proceeding. The follow-up debtor, who thinks he is not indebted and does not want to pay, can resort to various ways in order not to pay the money demanded by the creditor. One of these ways is the objections to the enforcement office within the scope of enforcement law and the complaints made to the enforcement court. In the debt enforcement procedure, the subject of follow-up is the debt...