Copying From The File Is Not Accepted As Notification

02 Jun Copying From The File Is Not Accepted As Notification

Supreme Court 12. Department of law E.2015/19497, 2015/29941

Copying from a file is not acceptable as notification.

In the concrete case, the sample 10 payment order notification sent to the debtor was returned on 12.06.2014 without notification, the debtor received a copy from the follow-up file on 12.06.2014 with the execution Directorate decision dated 24.06.2014 and the debtor learned to follow-up, the follow-up was finalized, the creditor’s request dated 24.06.2014 made the appreciation of the asset, the demand dated 28.10.2014 it has been determined that article benefit information should be collected.

Transactions made without the payment order being communicated to the debtor and the follow-up finalized are not correct. Because IIK’s 61. the debtor can use the right of Appeal and complaint with the notification of payment order according to the article. This matter is about public order and is subject to an indefinite complaint. In the event that there is no notification of a payment order made before the debtor, albeit irregularly, the 32nd of the law No. 7201. there is no possibility of application of the article.

Conclusion: in this case, the court should be able to examine the basis of the complaint by accepting the complaint during the time of the complaint.Conclusion: the decision of the court with the acceptance of the debtor’s appeal Appeals for reasons written above 366 of the ICJ. and Humk’s 428. in accordance with its articles (its deterioration) was decided unanimously.