30 May Implementation Of Multiple Receipt Of Foreclosure Delivery Fees
Tuition is money received by the state in exchange for a service. When judicial decisions and doctrinal opinion are taken into consideration, the levy is considered a kind of tax.
The ability to receive fees for a public service depends on the fact that this service is determined by law and the rules related to receiving fees related to this issue are also necessarily included in the law. Because the tax is imposed by law and taken by law. In recent days, executive directorates, especially executive bankruptcy, foreclosure delivery sales fees, collection fees, rejection fees, it seems that there is no unity of practice. In particular, it will be seen that they receive a foreclosure delivery fee to each address, a separate sales fee for the sale of each parcel, or even a foreclosure delivery fee from sales made in the apartment, in the courthouse. The Ministry of justice, on the other hand, generally expresses its opinion that the decision of the judicial authorities should be based on ensuring unity of practice on this issue.
As our subject of today’s review, the application of foreclosure delivery fees will be discussed, the problems in the application will be discussed, and finally the Supreme Court 12.In parallel with the decision made by HD, we will examine how the foreclosure delivery sales fee should be received and in what cases it should not be received.
127 and 128 of the law on fees No. 492. in substance, unless stipulated otherwise in this law, until all fees are paid in advance of the point will be made and the required fees to the mortar to the process of operations that are performed without the replenishment of the officer will be responsible to taxpayers would be responsible for if specified together with the officers that their case also 8/5/1991 № 3717 forensic personnel and the travel expenses of those who follow state charges about the repeal of the granting of compensation a matter of Law No. 492
Act 2 in the article, “for the discovery and execution process that needs to be done outside of the circle; the judges, public prosecutors, the military courts the officers of the members to the coroner, executive director and deputy executive officers authorized to carry out operations, Treasury lawyers, counsel to the Treasury, non-authorized supervisors to follow up the cases in provinces and districts apartment to a person who is authorized according to the law on Cadastre No. 3402 (275); to the editors,
social workers, psychologists and pedagogues appointed on the decision of the judge or public prosecutor, officers serving in the reasoning services, police clerks and other judicial and administrative judicial personnel, except for the staff of the penal and enforcement institution (200);
bailiffs and servants (150) are paid Road compensation as much as the amount to be found as a result of multiplying the indicator figure by the officer’s monthly coefficient….”the provision is located at. If the work seen is more than one, the road expense is paid in proportion to the distance.
Bailiffs, on the other hand, usually in Practice 1) receive a separate fee for each parcel if there are more than one parcel in the valuation.
2) it is seen that the debtor has established a transaction in the form of receiving more than one fee on the grounds that more than one foreclosure transaction was made on the same day and time.
3) If there are more than one parcels sold, it is seen that they receive a separate mortar when selling each parcel.
4) courthouse front, courthouse Garden, executive office room sales are seen to receive foreclosure delivery sales fees.
However, how the application should be:
As is known, Article 2 of the law on fees No. 492; judicial proceedings are subject to the provision that those written in the tariff No. (I) related to the law in question are subject to judicial fees.
In the section entitled “execution and bankruptcy fees” of the tariff, effective from 1/8/2010 with Article 20 of law 6009 “III. Foreclosure, delivery and sale fee” was added, the amount of this fee was determined as US $ 56.85 for 2013 in accordance with Article 138 of the Law No. 492, the General communique of the Law No. 63 serial fees.
A fee is money collected in exchange for a transaction or service provided, resulting in the realization of the transaction. As a matter of fact, as a result of the regulation made in the mentioned tariff related to law No. 492 by law No. 6009, it is stipulated that fees should be sought for each execution and bankruptcy process to be fulfilled by the hand of the officer outside the Enforcement Department.
If the same borrower sells more than one parcel of real estate from the same file, only 1 foreclosure delivery sales fee must be obtained. In the same way, in more than one file of the same borrower made on the same day and time, a single fee must be received for valuations or actual foreclosures made on more than one parcel.
In addition, it is against the content of the law to receive tuition for sales made inside the courthouse, in the court yard, in the executive office room. Because outside the apartment, the executive director has not established a transaction. For each execution and bankruptcy process that will be performed by the hand of an officer outside the mortar enforcement department, the search for mortar was considered preliminary.
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