In cases where the court decision obtained by the creditor, the settlement, acceptance and relevant notary documents are found in front of the court, the proceeding is the execution proceeding with a verdict. In cases other than money or money (evacuation and delivery of immovables, etc.), this method is used. It is obligatory to attach the said order to the follow-up initiated here. In addition, the general statute of limitations in enforcement proceedings with a writ is 10 years. On the other hand, in the execution proceeding with a writ, the execution order prepared by the Enforcement Directorate is notified to the debtor.
The creditor can initiate the follow-up process in any enforcement office without any authorization problem. Therefore, since there is no authority rule, it is not possible for the debtor to object to the authority. It should be noted that, except in exceptional cases, the finalization of the verdict is not expected in order to apply for enforcement with a verdict. However; Writs on real rights related to immovable property, writs on family and personal law, writs on all ships and real rights related to them, regardless of their flag and registry, decisions on enforcement of foreign court writs, and Court of Accounts writs cannot be enforced unless exceptionally final. In addition, the creditor or debtor, who wins the negative determination case and in whose favor compensation is awarded, cannot apply for enforcement proceedings with a verdict for compensation and litigation expenses, unless the negative determination decision is finalized.
If a judgment that cannot be enforced before it is finalized is executed by the creditor before it is finalized, the debtor has the right to complain in the enforcement courts without the statute of limitations.
Here, it is not possible for the debtor who has received the enforcement order to object to the debt. The reason for this is due to the fact that the receivable item is tied to a court order (decision).
However, in accordance with Article 33 of the Execution and Bankruptcy Law, the debtor has the right to object to the statute of limitations, destruction or redemption of the debt by applying to the enforcement court with a petition within seven days from the notification of the enforcement order.
