WHO PAYS THE EXTERNAL COLLECTION FEE?
External collection offers the opportunity to negotiate between the debtor and the creditor. In line with this opportunity, the debtor and the creditor determine a suitable amount for themselves. This amount does not include extra expenses such as file costs and attorney’s fees determined by the Enforcement Directorate.
Therefore, it is considered an advantageous bargain by both the debtor and the creditor. In the negotiation made within the scope of external collection, a 2% prison fee is also not requested from the debtor.
The amount obtained as a result of the negotiation is paid directly by the debtor to the creditor’s attorney or himself. Cash is not necessarily needed to make the payment. Payment can also be made by choosing methods such as EFT and money transfer through bank systems.
WHAT HAPPENS IF EXTERNAL COLLECTION IS NOT NOTIFIED?
External collection is a bridge between the debtor and the creditor. Due to this advantage, it helps to eliminate the existing problem of both the debtor and the creditor. However, the document showing that the external collection fee has been received must be submitted to the court committee. This is called external collection notification.
In some cases, the external collection notification is not made intentionally. Not reporting this collection is not a situation befitting human dignity. Because if this notification is not made, although the debt is collected, the debtor may have to pay the same debt for the second time. This is also a dishonorable situation. If it is proven that the external collection notification has not been made, penalties such as disciplinary proceedings are imposed.
HOW IS THE EXTERNAL COLLECTION FEE CALCULATED?
There are some factors that determine the external collection fee. The exact amount of external collection is determined by looking at these factors.
The factors included in the calculation if the collection is made externally are as follows:
2.27% if there is no lien
11.38% if a direct sale was made
2.27% in case of eviction by notification
4.55% fee deduction is made if the eviction is made with the bailiff.
In other words, considering that the payment in question is 100 TL, the above payments are added to the original amount and the external collection is determined.
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