APPLICATION OF TAKING MORE THAN ONE OF THE FOREWORD DELIVERY FEE
A fee is a money received by the State in return for a service rendered. Judgments and doctrine
Considering the viewpoint, the fee is considered as a kind of tax.
Being able to charge a fee for a public service is determined by law and this service is determined by law.
that the regulations regarding the collection of fees related to this matter must also be included in the law.
it depends. Because tax is imposed by law and collected by law.
In recent days, especially enforcement bankruptcy, foreclosure delivery sales fee, collection fee,
It is seen that there is no unity of practice on waiver fees.
In particular, a lien delivery fee to each address is in the form of a separate sales fee in the sale of each parcel.
or in the apartment, even from the sales made in the courthouse, they receive a lien delivery fee
will be seen. The Ministry of Justice, on the other hand, is generally responsible for ensuring unity of practice in this regard.
It generally states that the decision of the judicial authorities should be taken as a basis.
As our subject of today’s review, the application of the lien delivery fee will be discussed.
The problems in practice will be discussed and finally, the decision of the 12th HD of the Supreme Court
In parallel, how to collect the lien delivery sales fee and in which cases it is not collected
We’ll look into what’s needed.
In Articles 127 and 128 of the Fees Law No. 492, there is no contrary provision in this law.
Unless the fees are fully paid in advance, the transaction subject to the expense will not be made, and
The officer will be responsible for the transactions made before the necessary fees are paid.
Although it has been stated that taxpayers and civil servants will be responsible together, it is dated 8/5/1991 and 3717
Giving Travel Expenses and Compensation to Judicial Personnel No.
and Annulment of an Article of the Fees Law No. 492
In Article 2 of the Law, “For every discovery and enforcement procedure that must be carried out outside the apartment;
judges, public prosecutors, officer members in military courts, forensic doctors, enforcement
Treasury managers and their assistants, as well as officials authorized to carry out enforcement proceedings,
Department chiefs authorized to pursue cases in provinces and districts that do not have a Treasury lawyer, and
Persons authorized in accordance with the Cadastre Law No. 3402 (275); to the editors-in-chief,
social worker, psychologist appointed upon the decision of the judge or the public prosecutor
and pedagogues, civil servants in the prosecution services, court clerks and criminal justice
and other judicial and administrative judiciary personnel, excluding the personnel of the execution institution (200);
the result of multiplying the indicator figure for bailiffs and servants (150) with the civil servant monthly coefficient.
Travel compensation will be paid in the amount to be found…” provision is included. suddenly seen work
If it is more, the travel expenses are paid in proportion to the distance.
Enforcement officers, on the other hand, are generally
1) In case of more than one parcel in the appraisal, a separate fee is charged for each parcel.
takes.
2) More than one lien when the debtor’s file is visited on the same day and at the same time.
they have established a transaction in the form of taking more than one fee on the grounds that the transaction was made.
is seen.
3) If there is more than one parcel sold, a separate fee is charged for the sale of each parcel.
is seen.
4) Foreclosure delivery sales in the sales made in front of the courthouse, courthouse garden, executive office room
It is seen that they have paid their fees.
However, how should the application be:
As it is known, in Article 2 of the Fees Law No. 492; mention of judicial proceedings
The provision that the ones written in the tariff numbered (I) of the Law are subject to judicial fees.
taken under.
Section 20 of the Law No. 6009 in the section titled “Execution and Bankruptcy Fees” of the tariff in question.
Article “III. Foreclosure, delivery and sales fees”
The amount of the said fee is added to the repeated article 138 of the Law No. 492.
In accordance with the General Communiqué on Fees Law No. 63, 56.85 TL for the year 2013.
determined.
A fee is the money collected for a transaction or service rendered.
comes with its realization. As a matter of fact, Law No. 6009 and Law No. 492
As a result of the regulation made in the aforementioned tariff, by the officer outside the enforcement office.
It is foreseen that a fee will be required for each execution and bankruptcy transaction to be fulfilled.
In case of selling more than one parcel of immovable from the same file by the same debtor, only 1
lien delivery sales fee must be collected. Likewise, the same debtor on the same day and time
appraisal or actual appraisal made in more than one parcel in more than one file
A single fee is required for liens.
In addition, sales made in the courthouse, in the courthouse garden, in the office of the executive directorate.
Paying a fee is also against the content of the law. Because the executive director outside the office is a transaction.
has not established. Every execution and duty to be carried out by an officer other than the duty enforcement office
It is foreseen that a fee will be required for bankruptcy proceedings.
