The debtor who wishes to object to the execution proceeding without judgment can make the objection in writing or verbally. If the objection is made orally, this will be recorded in the minutes. However, in practice, an objection is made by submitting a petition to the Enforcement Office. The objection must be made within 7 days in the execution proceeding without judgment. The stipulated 7-day period will start from the notification of the payment order to the debtor. When the debtor objects to the enforcement proceeding, this proceeding will be stopped. However, unlike the follow-up without judgment, in the follow-up based on the bill of exchange, the objection made to the Enforcement Directorate does not stop the proceedings; The objection must be made to the Enforcement Law Court within 5 days. Again, unlike the follow-up without judgment, in the follow-up based on the bill of exchange, the objection does not stop the proceedings, all proceedings continue, with the exception of the sales proceedings. The debtor who denies his signature wrongfully is sentenced to a fine of ten percent of the proceeding claim based on the said deed.
In the proceedings without judgment, the creditor must file a lawsuit for the annulment of the objection or an action for the annulment of the objection in order to remove the objection, and the said proceedings are limited to a period of 6 months for the annulment of the objection and 1 year for the action for the annulment of the objection. If the case is filed, the burden of proof is on the creditor. When the debtor objects to the execution proceeding without judgment, he/she has the right to object to the entire debt as well as to some of it.
If the person who wants to initiate enforcement proceedings has applied for enforcement proceedings with a verdict, then the debtor will not be able to object to the existence of the debt. However, on the other hand, the debtor has the right to file a lawsuit in the Enforcement Court regarding other objections. The debtor can appeal to the Enforcement Court with a petition within 7 days from the notification of the enforcement order pursuant to Article 33 of the Enforcement and Bankruptcy Law.
If the objection is not made within the 7-day period given in the execution proceeding without judgment, the payment order and the execution proceeding become final. Objection to enforcement proceedings without judgment made after the deadline, as a rule, does not yield any results. However, the only exception to this situation is the delayed appeal. Accordingly, if it is not possible to object to the proceedings due to any obstacle without a fault, it will be possible to object to the enforcement proceedings without a judgment afterwards. The executive director is responsible for investigating ex officio whether the objection has been made within the time limit. Because the specified 7-day period is a period of deprivation. In the case of writ of execution, the objection must be made within 7 days after the execution order is made to the debtor. Otherwise, it is stated in the relevant legislation that it will be enforced.
