Categories: INFORMATION

EXECUTION OF LIEN DECISIONS AND CHANGES IN HMK 6100

1. According to the former HMUK, the creditor, who has a documented receivable in his hands, goes to court for precautionary foreclosure
he would take the decision and just start enforcement proceedings. By foreclosing on the property before execution, the borrower
he would confiscate their property; afterwards, he would send the usual executive payment order. A change in this regard
no.
2. 6100 SK new HMK, for receivables that are not the subject of the same case, only an injunction lien decision
it has closed the way for an injunction and injunction to be issued. The creditor must be able to receive the receivable subject to the lawsuit
for the borrower to ask the court not to miss the goods, the basis in the case is
to be able to make an injunction decision with his number.
3. During the course of the case, the creditor who has made an injunction lien decision only with the basis number, this decision
with the demand for precautionary foreclosure only on the debtor’s property and receivables from third parties
he will be able to; but after this precautionary lien in execution, a payment order as a follow-up way
he won’t send it. The case will wait for this precautionary foreclosure decision until the last one.
4. An old type of injunction issued to obtain the same non-litigated money receivable,
while receiving the same different job number from the court as the basis and decision number, the new basis
numbered precautionary liens bear only the court’s base number. Of these decisions,
in its execution, the enforcement agency will only send a precautionary lien, will not pursue and
he’ll wait.

Yağız Canseven

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