ENFORCEMENT – PROCESS OF SUSPENSION OF EXECUTION
As stated above, there is no need to wait for the finalisation of the judgments in order for them to be enforceable. The exception to this is only the judgments that cannot be executed before finalisation. Tehiri icrai (stay of execution) prevents the creditor of the enforcement proceedings from obtaining the receivable during the appeal or appeal stages due to the enforceability of the court decisions.
A letter indicating that the court decision subject to the enforcement proceedings has been appealed is received from the local court.
A request is submitted to the enforcement proceeding file for a time limit to bring a decision on “Postponement of Execution (Tehir-i Enforcement)”.
If the collateral is in cash, it is deposited to the executive directorate. If it is other than cash, an acceptance decision is taken regarding the acceptance of the collateral.
A 30-day deadline is given by the Enforcement Directorate to bring a decision on “Postponement of Execution (Tehir-i Enforcement)”.
An application is made by the debtor or his/her attorney to the Execution Court to obtain a “Suspension of Execution (Tehir-i Enforcement)” decision. The decision of the time limit is attached to the application.
The applications to be made through the lawyer portal are followed as follows.
i. Civil Court Case Opening > Enforcement Court > File Type: Miscellaneous Work > Case Type: Execution Proceedings (Stay of Execution (Article 36 of the Execution Law)) > Unit; Relevant Execution Office > File No. > Enquiry
During the application, the application fee, deferral of execution fee and advance on expenses shall be paid. In case the application is accepted, these fees shall be registered to the treasury, and in case of rejection, they shall be returned.
In the event that the Enforcement Court decides on “Stay of Execution (Tehiri Enforcement)”, this decision is notified to the file of the Enforcement Directorate and the court.
THE PERIOD FOR REQUESTING THE STAY OF EXECUTION FROM THE ENFORCEMENT COURT
The objection period is divided into two according to whether the redemption, annulment or statute of limitations occurred before or after the notification of the execution order. These are
The objection that must be made within seven days,
Indefinite appeal
If the debtor claims that the debt has been redeemed or postponed or has become time-barred in the period prior to the notification of the execution order, he/she may request a stay of execution from the execution court within seven days, that is, he/she may object to the execution order within seven days. If the debtor does not request the stay of execution within seven days, the execution proceeding with judgement becomes final and the debtor is obliged to pay the debt. If the debtor claims that the debt has been redeemed or postponed or is time-barred in a period after the notification of the execution order, he/she may always request the stay of execution from the execution court and object to the execution order.
WHAT IS A WRIT OF RESPITE?
As we have stated above, when the debtor of the execution file with writ of execution submits a guarantee to the execution file that the decision subject to execution is appealed or appealed and a guarantee that covers the file debt together with 3 months of interest, a time-out certificate is issued by the Execution Directorate. The time-out certificate is a document showing that the debtor has appealed or appealed the decision subject to the judgement enforcement with a deferred execution request and has deposited a collateral for the file debt together with 3-month interest.
In addition, in this document, the debtor is given time to bring a deferred enforcement decision from the court. This period is 90 (ninety) days. For ninety days, the enforcement proceedings are suspended based on the time limit. In other words, the creditor cannot make any foreclosure during this period.
OBTAINING A STAY OF EXECUTION DECISION FROM THE ENFORCEMENT LAW COURT
The debtor of the execution file with execution must obtain a stay of execution decision from the execution court in order to stop the proceedings until the end of the appeal or appellate review after receiving the time limit. In order to obtain a stay of execution decision, it is necessary to apply to the enforcement law court with a petition. Attached to the petition
A statement that the decision subject to enforcement proceedings has been appealed or appealed with a request for deferral of execution,
File calculation for the 3-month (90) days after the 3-month (90) day period,
Copy of the receipt or letter of guarantee regarding the cash collateral,
Time limit,
must be The applications to be made to the Enforcement Law Court will be made from the law dispatch office or via Uyap as a different work file.
COMPETENT AND AUTHORISED COURT IN THE ENFORCEMENT DECISION
Article 5 of the Law No. 7343 dated 30.11.2021 and numbered 7343 on the Amendment of the Execution and Bankruptcy Law and Certain Laws
“The phrase “from the Regional Court of Appeals or the Court of Cassation” in the first paragraph of Article 36 of the Law No. 2004 has been amended as “from the execution court where the proceeding is made” and the third paragraph has been amended as follows.
OBJECTION TO THE EXECUTION ORDER AND ITS REASONS
The objection to the execution order is made with a petition to the court of execution, to which the execution office where the judgement enforcement proceeding is carried out is subject. The objection made by the debtor to the enforcement office is invalid. The objection to the execution order does not stop the execution proceeding with judgement. Execution proceedings with writ of execution can only be cancelled with the decision of the execution court to suspend the execution.
Reasons for objection;
Redemption objection,
Clearing objection,
Appeal against postponement
It can be stated as a statute of limitations objection.
ENFORCEMENT AND NEGATIVE ASSESSMENT CASES IN JUDGEMENT ENFORCEMENT
The debtor may file a reclamation action against the creditor if the debtor claims that he has been obliged to pay money that he does not owe because his debt has been redeemed or expired in the period after the date of the judgement, but he could not prove this claim before the enforcement court. The creditor cannot file a final judgement objection against the reclamation action based on the decision of the execution court rejecting the request for suspension of execution. Because the decisions of the court of execution do not constitute a final judgement in material terms. Since the negative assessment action is the precursor of the reclamation action, there is a legal benefit in filing a negative assessment action, which is the precursor of the reclamation action that has not yet been filed because the debt has not been paid.
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