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...
Category: Enforcement and Bankruptcy Law
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...
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...
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...
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...
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...
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...
Collateral in Provisional Attachment
The provisional attachment is the process of temporarily seizing the property and rights of the debtor, at the request of the creditor, in order to guarantee the debtor’s payment of money debt. If the creditor files a lawsuit or initiates an enforcement proceeding in order to obtain the right to claim, he/she may request the...
How to Start Enforcement Proceedings?
Other than filing a lawsuit against the debtor who does not pay the debt, the only way that the creditor can resort is to issue enforcement proceedings. In some cases, by issuing enforcement proceedings, collection can be achieved in a shorter time and easier than the litigation process. In this way, enforcement proceedings without a...
The Debtor’s Guide to Litigation in Enforcement Proceedings
The party from whom payment is requested with the claim that she/he is a debtor in the enforcement proceeding is called the debtor of the proceeding. The debtor of the proceeding, who thinks that she/he is not indebted and does not want to pay, may resort to various ways in order not to pay the...
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