Categories: General

Objection To Enforcement Proceedings

The reasons for the objection to the debt may be such as the reasons that the debt was never born, the debt was later dissolved, the debt was not due(the payment date has not yet arrived), the same debt or the debt was already followed by the same person (derderstlik), and the debtor, who was given an incapacitated certificate, did not acquire new property. But there is no obligation to specify any reason in the event of an objection to the debt. When challenged, the follow-up will stop and no sequestration action will be taken. In order for the lien process to be carried out, this appeal must be annulled by filing a lawsuit in court. This case is also referred to in the literature as “the case for the annulment of the appeal”.

The objection to the execution proceeding can be made by submitting the appeal petition to the execution office or by keeping a record in the execution office. The important thing is to make this objection within 7 days after the date of receipt of the notification. Otherwise, although the debtor party objects to the execution proceedings, this objection will not produce any results.

If an objection to enforcement proceedings is made in the competent enforcement agency, the enforcement agency will not charge any fee. So the appeal to follow-up enforcement is free. However, if an unauthorized enforcement agency is required to send the appeal to the authorized enforcement agency, the unauthorized enforcement agency where the objection is made will ask for postal costs from the objecting debtor.

Objection to enforcement proceedings may also be made in the form of a partial appeal. In other words, if the debtor admits that he is in debt, but thinks that the debt is less than the amount listed in the payment order, he will be able to object to the part that he thinks the debt is excessive. In this case, the follow-up stops for the contested portion. However, for the part that is not objected to, follow-up can be continued and foreclosure proceedings can be passed.

Aşıkoğlu Law Office

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