A debtor who wants to object to unauthorized enforcement proceedings can make an appeal in writing, as well as orally. If the appeal is made orally, this will be recorded in the minutes. However, in practice, an appeal is made to the Enforcement Agency with the ability to file a petition. An appeal must be filed within 7 days in the case of an unauthorized enforcement action. The prescribed 7-day period will begin from the moment the payment order is notified to the debtor. This pursuit will be stopped when the debtor objects to the enforcement proceedings. However, unlike ilamsız follow-up, in the case of a follow-up based on an exchange note, an appeal to the Executive Directorate does not stop the follow-up; the appeal must be filed with the Executive Civil Court within 5 days. Again, unlike ad-free tracking, an objection to tracking based on an exchange note does not stop tracking, all tracking operations, except for sales operations, continue, for this measure, the challenged court may be asked to temporarily stop tracking operations until it decides on the merits of the appeal. A debtor who unfairly denies his signature is sentenced to a fine of ten percent of the amount that you will receive in the following year.
In order to remove the objection, the creditor must file an appeal for the removal of the objection or an appeal for the cancellation of the appeal, and these actions are limited to a period of 6 months for the removal of the appeal and 1 year for the cancellation of the appeal in the case of the cancellation of the appeal. If the case is opened, the burden of proof is on the creditor. The debtor has the right to appeal for the entire debt as well as for part of it at the time when he makes an appeal against unauthorized enforcement proceedings.
If the person who wants to initiate enforcement proceedings has applied for ilamlı enforcement proceedings, in this case the debtor will not be able to appeal against the existence of the debt. But on the other hand, the debtor has the right to file a lawsuit in the Executive Court regarding his other objections. 33 Of the Law on Debtors, Enforcement and Bankruptcy. according to its article, it can file an appeal with the Executive Court with a petition within 7 days from the notification of the executive order.
If no objection is made within the 7-day period given in Ilamsız enforcement proceedings, the payment order and enforcement proceedings will be finalized. As a rule, an appeal against non-drug enforcement proceedings that have been made after the expiration of the period has no consequences. But the only exception to this situation is the delayed appeal. Accordingly, if the pursuit cannot be objected to due to any obstacle without a defect, it will be possible to object to enforcement proceedings without notice afterwards. The executive director is officially responsible for investigating whether the appeal has taken place within the time limit. Because the specified 7-day period is the period of entitlement reduction. In ilamli execution, an appeal must be made to the debtor within 7 days after the execution order is made. Otherwise, it is included in the relevant legislation that the forced execution method will be resorted to.
