The law of seizure of property in Turkey is only a method that protects and restores the right to everyone with a right, meaning that once this law is implemented on every embezzler who is considered a debtor, the creditor can obtain his rights fully under the care and protection of the state.
But in order for the holder of the right to obtain this, he must bear any proof of this right against the person who took it; in order to bring it to court; to begin the proceedings in accordance with the law, until he obtains a final judgment requiring execution; In order to return rights.
What does the word implementation mean?
This word has different meanings depending on its place in the sentence, which means the following:
- If this word is placed in any sentence away from the law, it means the completion of the order, deal or project from the first step to the last step.
- Whereas, if this word is put in the sentence of implementing judgments according to the law, this means that the Turkish government is going through the procedures and steps to return the right to its owners in various ways agreed upon by the law and the legislator, meaning that the debtor becomes responsible before the creditor.
What are the competent authorities in the enforcement of judgments in Turkey?
If the judgment is related to money or material things that must be returned in the same form, then the owner of the judgment or the right holder is the creditor.
- In the event the debtor refuses to pay the debt, the creditor goes to the so-called executive directorates, bankruptcy and enforcement courts under the protection and umbrella of the Execution and Bankruptcy Law, which gives all dues, no matter how different their form, to those who are entitled to them.
What are the procedures and steps to implement the provisions
What is meant by the term procedures for the enforcement of judgments, is the conduct in accordance with the regulations of the law by the creditor; In order to obtain his right from the debtor through the Execution Directorate of the Turkish State Authority, which uses one or all of the following three methods if necessary:
- First: Steps to implement judgments without judgment
- Second: Executing the procedures for returning rights in accordance with the bills and invoices submitted by the creditor.
- Third: Execution of judgments obtained by the creditor from a court ruling.
Can the right be recovered without a court ruling?
- Yes, because in this type of implementation, the creditor has a weak position in terms of proving his right; This is because he did not possess any papers or evidence to prove the correctness of his speech, meaning that he has a right with the debtor, that is, he will not take on the debtor a check, a bill of exchange, or a court ruling to refund the money and dues, and this is what the debtor has the right to appeal against these executive procedures.
- In the event that the debtor presents an objection to this implementation that the creditor has no right after the notification of the enforcement body to him by seven days or less, the execution procedures will automatically stop and the investigation will not take place behind the validity of the creditor’s speech, and this obliges the creditor to file a lawsuit in the court demanding a refund His right from the creditor, i.e., this call is tantamount to canceling the objection of the debtor.
- The debtor may object to two cases, either that he paid his debts to the creditor, or because he knows that the creditor will not have any proof of this right. Therefore, according to the type of objection, the creditor can determine his face, either to cancel the objection final from the court before completing the year from the date of warning the debtor; This is because he gets his right, or he files an objection to the debtor's objection within six months of his warning.
- If the objection of the debtor with respect to the creditor is unfair, and he proves that it is true, that is, it is unfair, then he can claim compensation of up to 20 percent.
- If the creditor submits papers proving his right and debt of the debtor to him, and the procedures for recovery of rights have been implemented, the debtor is required to send all his property within a week of being notified; To prevent falling under the law, and this happens if the debtor receives an order to return the right to its owners and does not pay or object to this warning.
What is the penalty for non-payment of debt incurred by the debtor?
- The punishment that falls on the debtor is the seizure of his property provided in the event of non-payment of money in cash, as the executive authority takes possession of the debtor’s property that is equal to the value of the amount and sells it to return the creditor’s right, but this requires the creditor to submit a request for seizure of the debtor’s property With the need to submit a request to sell these properties within two weeks; In order to avoid dropping the execution and removing the seizure and lien on the property of the debtor.
- Sometimes the debtor begins to pay what he owes before the property is sold, and this is by submitting a request to pay the total amount in installments so that it is paid in an amount not less than a quarter of the total amount on an ongoing basis until the execution of the sale and seizure is stopped.
- In the event that the debtor does not pay his debt or fails to pay one of his agreed installments, he takes a period of up to three months to pay the late installment. It is displayed in a public auction with a specific hour, place and day, then it is agreed that the value of the seized property must increase in the auction by 50%, but in the event that a buyer does not appear, the auction ends and is postponed until a buyer appears.
- In the event that the property is sold at a public auction and the required amount is approved, the buyer deposits twenty percent of the value of the property or property obtained from the auction, and then pays the rest of the amount in cash or is given an opportunity up to ten days; In order to complete the entire property amount.
- Sometimes there are many rights holders who demand the same person to return their rights, it is possible that his property is not sufficient to pay this debt, this requires the enforcement body to differentiate between the rights holders, that is, it arranges them according to priority until the availability of funds for them, this differentiation is entitled The creditors may object to it, but within a week of its announcement and warning them.
Is it possible to enforce an eviction sentence on a tenant?
- If there is no property in the debtor’s possession and he lives or works in a recent place, the creditor submits a request to the enforcement authority to seize this site and vacate it, i.e. to remove the debtor from it to seize it, and here the debtor has the right to object within a week from the date of his warning
- The creditor can object to this objection before the expiry of a period of up to six months, that is, before he forfeits his right to create an execution file against the debtor.
- If the debtor does not object to this warning, he is considered approved, and therefore he must vacate the place immediately and pay the rental value agreed upon by the execution authority.
- In the event that the matter is related to the debtor’s non-payment of a rental value belonging to the creditor’s ownership and the execution office announces that the debtor has not paid or objected, the executive body shall remove the debtor from the aforementioned property, but in the event the debtor objects and mentions in his objection that the rental value is paid on a regular basis, he must Prove the validity of his speech by all means, if the debtor fails to prove this, he must leave the eye within ten days from the date of his warning.
- There is a case that can occur which is a request to leave the rented place by the debtor within a month, and this is if the concluded contract has been executed, as the owner goes to the execution office and submits this contract and demands the release of the debtor, and here the debtor has the right to object within a week from the date of The warning states the reasons for his objection.
- In the event that the debtor fails to prove the reasons for his objection to leaving the rented premises, here the owner cancels this objection and demands to leave the rented dwelling or premises, either by giving him a grace period or eviction by force.
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