IS THERE A PENALTY IF THE COLLECTION IS NOT PAID?
The creditor and debtor agree on a certain point through external collection. After the court committee listens to both parties and makes the necessary decision, the file can be closed. However, in some cases, the person subject to external collection does not make the payment.
The creditor starts to investigate what will happen at this stage or whether the debtor will face any criminal proceedings. As a result of the application to the court committee, the debtor is warned to pay the debt. If the payment is not made again, the court process starts again.
The Enforcement Directorate is not interested in who pays the fee. However, it does not complete the foreclosure process before the fee is paid. Failure to complete the foreclosure process means that this process has not ended.
EXTERNAL COLLECTION NOTIFICATION PETITION
In the event of an external collection, an external collection notification petition is required to notify the enforcement office of the payments made to the creditor. This petition states that the payment has taken place and that the money in question between the debtor and the creditor has been collected.
Those who want to reach the external collection notification petition can get help from the internet. There are many examples of petitions on the internet. However, it is necessary to be careful when examining the external collection notification petitions on the internet.
Because some of these petitions may be written in a way that is not in accordance with the general understanding of law. It is of great importance not to prefer outdated petitions that are not in accordance with the general legal language. The preference of these petitions may prolong the court process.
DURATION OF THE EXTERNAL COLLECTION NOTIFICATION
In case the money subject to external collection is collected, the debtor wonders how long the debtor has to make a notification. There is no strictly specified period for the external collection notification to be made.
However, the absence of a strictly specified period does not mean that this process is extended. Because if this notification is made late, the debtor may face some deprivation of rights. The external collection notification must be made shortly after the debt is collected.
Because during this period, interest + debt is running. If the collection notification is not made, the debtor may be in a difficult situation as interest and debt will increase exponentially. In order not to encounter this problem, it is very important for the creditor to write a petition within a short time.
SHOULD EXTERNAL COLLECTION OR DIRECT PAYMENT BE PREFERRED?
The parties subject to the enforcement case ask the lawyers whether direct payment or external collection should be chosen for the closure of the court. However, external collection has some advantages over direct payment. Due to these advantages, debtors and creditors generally prefer external collection rather than direct payment.
Within the scope of external collection, the Enforcement Directorate does not interfere with the amounts other than the amounts to be received by the state. This is an important advantage for the creditor and debtor to agree. In addition, the collection fee to be deducted by the enforcement office in external collection is halved. This is considered an important figure for the debtor and the creditor. Therefore, choosing external collection will be more correct in terms of the course of the enforcement case.
WHEN SHOULD THE EXTERNAL COLLECTION BE PAID?
After the file subject to external collection is examined in court, the necessary decision is reached. In line with this decision, the creditor and debtor try to meet on a common denominator. After meeting the common denominator, the external collection must be paid as soon as possible. If the payment is not made, the debtor may face enforcement proceedings again. Enforcement proceedings will have negative consequences.
If the external collection is not paid, the enforcement file will remain open. With the enforcement file remaining open, the foreclosure process can be applied against the debtor. Therefore, lawyers state that external collection should be carried out as soon as possible and the risk of enforcement should be eliminated.
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