17 Jan How To Appeal The Execution Proceedings?
The debtor who wishes to appeal against the illegitimate enforcement proceedings may make the objection in writing or in person. If the objection is made orally, this will be recorded in the minutes. In practice, however, a petition is filed with the Executive Office to submit a petition. The appeal should be filed within 7 days after the execution of the non-enforcement proceedings. The foreseen 7-day period will start from the date of payment of the payment order to the debtor. This will be stopped when the borrower objected to the execution proceedings. However, in contrast with illicit follow-up, the appeal to the Enforcement Office does not stop the follow-up on the basis of the bill of exchange; the appeal must be lodged with the Court of Execution within 5 days. Unlike the follow-up proceedings, the appeal on the follow-up based on the bill of exchange does not stop the follow-up, all follow-up proceedings, except for the sales transactions, may be requested from the appealed court for the measure to be temporarily suspended until the decision on the basis of the appeal is decided. The debtor, who unfairly denies his signature, is subject to a fine of up to ten percent of the claim on the subject.
In order to remove the objection, the creditor should open the appeal or cancel the appeal, and the proceedings are limited to a one-year term in the case of the annulment of the objection and the cancellation of the objection. In case the case is opened, the burden of proof is on the creditor. The debtor has the right to appeal for a part of the debt as well as for the whole of the debt at the time he / she objected to the illicit enforcement proceedings.
If the person who wants to initiate the execution proceedings, the debtor will not be able to appeal against the existence of the debt. On the other hand, the debtor has the right to file a lawsuit with the other court of appeal. The Borrower may appeal by appeal to the Execution Court within 7 days from the notification of the execution order pursuant to Article 33 of the Execution and Bankruptcy Law.
If the appeal is not made within the 7 days period given in the non-enforcement proceedings, the payment order and enforcement proceedings will be finalized. As a rule, the objection to the illegible enforcement proceedings which have been carried out after the end of its term does not result in any consequences. But the only exception to this situation is the delayed appeal. Accordingly, in the event that any objection cannot be objected to by any obstacle without a defect, it will be possible to object to the proceedings which are later on. The executive director is obliged to investigate whether the appeal took place within the deadline. Because the 7-day period stated is the rights lowering period. Ilamli execution is made within 7 days after the execution of the debtor objection should be made. Otherwise, it is included in the relevant legislation to apply for a forced enforcement.
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