Enforcement & bankruptcy · Legal information

How Is an Enforcement Complaint Made?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of how an enforcement complaint is made is an application to the enforcement court, on the claim that an act of the enforcement office is contrary to the statute. This route is not an objection to the payment order, and it is not lifting of the objection. There is no complaint day in this text. The period is read from the service by which the act was learned of.

The complaint record does not write a stop so that it passes of itself to the sale. A stop is requested separately. A stop that was not requested does not of itself lift the attachment or the sale. A sentence of irregularity is not built while the minutes of the act are absent.

A complaint is not an objection

An objection is a debate about the proceeding and the claim, such as that the debt does not exist or that the office lacks jurisdiction. A complaint is a debate that the attachment minutes, the sale notice, the interest line, or a jurisdiction act is contrary to the statute. The creditor may be the complainant as well. The route does not belong only to the debtor. An oral grievance at the directorate is not a complaint petition. The petition must write which act is irregular and the date of the act. If the date is not on the document, a date is not invented.

An objection to the payment order sits under objection to enforcement, and lifting of the objection sits under lifting. The two headings are not put in the place of the complaint petition.

Which acts are discussed

Typical examples are an act upon irregular service, an office without jurisdiction, attachment of property exempt from attachment, a gap in the minutes, and an irregularity in the preparation for sale. The list is not closed. Not every complaint is well founded either. A request to lift an attachment is sometimes payment and lifting, and sometimes a complaint. The options for lifting sit under lifting an attachment. An objection particular to the valuation report sits under valuation. The attorney-fee item sits under the attorney's fee. This text does not turn the calculation of that item into a rate.

The creditor may also go to a complaint when the directorate does not process the request for attachment or for sale. The sentence that the file is asleep does not become the subject of a complaint without documenting the absence of an act. The document must show the date of the request and whether the office replied. If there is no reply, the absence is not closed with an invented date of the act.

The period and the authority

The authority is, as a rule, the enforcement court. The competent court is established with the office where the file is heard. The name of the office does not cause the name of the court to be written from memory. The period runs with learning or with service. If there is no service annotation, the day of learning is not completed. In some irregularities the debate about the period is different. The separation cannot be made without describing the act in the petition. The decision writes which act was lifted, or found in place. While there is no decision, a result is not announced. The fee and the attorney's fee change according to the kind of complaint. There is no amount in this text. A percentage is not written.

A stop is requested separately

The complaint record does not stop the sale or the attachment in every file. If an urgent stop is sought, the request is written openly. Whether the decision was entered at the office is checked from the file. A decision that was not entered does not of itself take back the hour of sale. The language of an interim injunction is not pasted onto the enforcement-complaint petition. The wrong door changes the subject of the act. A contract may be the basis of the principal debt. A contract is not the document of the irregularity of the directorate's act. An invoice may show the claim. An invoice does not stand in for the minutes of an irregular attachment. The registry may show the immovable record. The registry does not, on its own, correct an act of an office without jurisdiction.

The complaint petition should write the document number of the act said to be irregular, its date, and against whom it was done. If the number is not in the file, the number is not completed. An attachment in one file is not made the basis of a complaint in another file. An act that is not made a basis does not carry the date of learning either. Learning is shown by the service annotation or by the office minutes. If both are absent, the period is not treated as having started. A period that is not so treated is not filled with a number of days. If the creditor complains, he has it read from the date of the request which request the directorate did not process. If there is no request, neglect is not assumed. The court lifts the act, or dismisses the complaint. An interim result does not of itself take the sale back if a stop was not requested. The attorney-fee item is not the calculation of this record. That item is read separately, and it is not turned into a rate here.

Where the complaint is read from

The minutes of the act are read, and this article does not add the complaint day to this text. An Ankara lawyer reads from the office in the file that the office being in Çankaya does not change the competent authority. This article does not treat the complaint as an objection to the payment order. This article does not treat the complaint record as a stop of itself.

Conclusion

How an enforcement complaint is made is answered by taking the irregular act to the enforcement court. An objection, and lifting of the objection, are separate doors. The complaint day is not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Law.

Legislation

Frequently asked questions

Are an enforcement complaint and an objection to the payment order the same?

They are not. An objection is the debtor's defence, in enforcement without a judgment, aimed at the merits of the claim or at jurisdiction. A complaint is a claim that an act of the enforcement office is contrary to the statute or to the facts. Mixing the two aims in the same petition may use up the period at the wrong authority.

When does the complaint period start?

The statute provides a set period from the date the act was learned of. Some irregularities may not be tied to a period. The separation looks at the kind of act. A number of days is not fixed in this article. Learning is made concrete with the service document and the office record.

Does a complaint stop the proceeding?

As a rule a complaint does not, on its own, stop the proceeding. The court, or the statute, may provide an interim measure or a postponement in certain situations. A stop before the hour of sale asks that the decision be reflected in the file. This text gives no promise of a stop.

Is a complaint about the attorney's fee a general complaint?

An objection to the attorney-fee item is a narrow and technical act. This page recounts the general complaint procedure. The arithmetic of the attorney's fee is not repeated under the same heading.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call