Categories: General

Petition To Complain About Officer’s Actions

… TO THE MAGISTRATE OF THE COURT OF EXECUTION

FILE NO. :

THE COMPLAINANT :

ADDRESS :

Acting :

ADDRESS :

LENDER :

ADDRESS :

Acting :

ADDRESS :

Subject: accepting our complaint …. … The execution Directorate’s article dated … / … / … consists of our request for the removal or correction of the transaction.

INSTRUCTIONS

1 -) as a result of the follow-up we made about the debtor … / … / … the order to pay the debtor was notified, a lien was requested by us within a period of one year and a lien was placed on the title deed of the property belonging to the debtor.

2 -) due to the fact that we did not ask for the sale at the time prescribed by law, we have been notified that we have to notify the debtor of the renewal and deposit the renewal fee upon our application to the Enforcement Directorate with the request for the re-application of the foreclosure.

3 -) No. 78 of the enforcement and Bankruptcy Law of 2004. In the article ” if the period in the Payment Order has passed and the debtor has objected, the creditor may request the lien to be placed without waiting for the declaration of the property after the objection is refolunt. The right to request lien is reduced by one year after the notification of the payment order. In case of an objection or lawsuit, the time from their occurrence until the conclusion of the provision or until the breach of the installment agreement is not taken into account if the creditor and the debtor make installment agreements in the execution office. If the creditor wishes, a certificate shall be issued regarding the occurrence of the lien request. This certificate is not subject to any fees and pictures. If the lien request is not made within the legal period or if it is not renewed within that period after it is withdrawn, the file is removed from the treatment. The request for repossession is subject to notification to the debtor of the request for renewal, which is realized by the creditor. For follow-ups that are not based on the notice, upon request for renewal, re-tuition is taken. Renewal costs and fees are not estimated to the debtor.”in accordance with the provision of the renewal fees in terms of follow-up without a warrant has been foreseen, There is no provision that the renewal fees should be taken again for follow-up based on the notice.

4 -) due to the reasons explained above, the Enforcement Directorate has been obliged to file this complaint in order to correct the issue of the article dated.

Legal reasons: 2004 p. K. m. 4, 16, 78 ; 6100 P. K. m. 1, 5, 6.

Legal evidence : expert review, …. … Of The Executive Branch …./…. E. Numbered file.

Conclusion and claim : for the reasons described above, we request that our complaint be accepted, removed or corrected in accordance with the law of the Enforcement Agency’s decision to take renewal fees. …/…/…

Aşıkoğlu Law Office

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