In short
The competent office in enforcement is not chosen according to the district of the creditor's office; as a rule it is the enforcement office of the debtor's place of domicile. A valid jurisdiction record in the contract may change this rule. A jurisdiction objection is not a copy of an objection to the debt. A jurisdiction day is not added to this text.
The wrong office does not of itself make the proceeding a nullity. Jurisdiction that is not raised in time may lead to the file running at that office. An office number does not come out of a neighbourhood name from memory.
The domicile record and the contract clause
The statute ties jurisdiction, in enforcement by general attachment, to the debtor's place of domicile. Domicile, the service address, and the place where one actually lives may not be the same line in every file. An old service address does not prove the current domicile. If the address line has changed, which line will count as domicile is not chosen before the population record, the service, and the actual residence are read together. The choice is not made from the district where the creditor's office is. The name of a district does not stand in for an office number.
If an enforcement office or court jurisdiction is written in the contract, whether the record is valid is read separately. A jurisdiction clause between merchants, and a record on the side of a consumer or a worker, may not carry the same effect. A province name written in the contract does not produce jurisdiction in that province for every debtor. The record must show who signed in which capacity, and to which debt it was tied. A record that does not show this does not stand in for the domicile rule.
The place of the property, and the result of the wrong office
If the debtor is domiciled in a province, the proceeding is as a rule opened at one of the enforcement offices in that province. Which numbered office will take the file is set by the courthouse work division and by distribution. A neighbourhood name is not an office number. In some proceedings, such as attachment of immovable property or eviction, the place where the property or the immovable is may affect jurisdiction. A general money claim and enforcement of an eviction judgment do not fit in the same jurisdiction sentence. The place of the property is looked at apart from the debtor's domicile.
A proceeding without jurisdiction may mix, at the same time, the service, the request for attachment, and the picture of the periods. The creditor may have to open a second file. On the debtor's side, the comfort that there is no act because the office is wrong may delay the objection being entered in the record. If the jurisdiction agreement is invalid, the claim of validity does not on its own stop the attachment. The objection must be entered in the record, and the result must be awaited. A summary screen does not stand in for the petition.
A jurisdiction objection is not an objection to the debt
If the debtor thinks it was opened at an office without jurisdiction, he must raise this in time and openly. Writing "I have no debt" on the payment order may not count as a jurisdiction objection. The jurisdiction line is written separately, and the debt line separately. If the jurisdiction objection is not accepted, the proceeding may continue at that office. If it is accepted, transfer or falling away is looked at according to the nature of the decision. This result should not be mixed with the complaint route used for an act being contrary to the statute. A complaint is the irregularity of an act that was done. Jurisdiction is the place of the request for enforcement. A number of days is not written into this text.
The neighbouring records are as follows. The objection on the merits sits under objection to enforcement, and the first check of the payment order under when a payment order arrives. The irregularity of an act sits under an enforcement complaint, and the order of documents before collection starts under the person who owes me is not paying. This record separates the choice of office from those headings.
Which paper shows the place
The document that is read is the request for enforcement, the payment order, and the service. Service shows, from the annotation, at which address it went to the debtor. If the address in the annotation conflicts with the claim of domicile, the conflict is written separately. If the contract carries a jurisdiction clause, the parties to the clause and the debt are read. The contract does not make the office district the competent office. The petition must build the jurisdiction objection in a sentence separate from the objection to the debt. The office is not treated as having changed before the decision writes a result of transfer or of dismissal. The application must show concretely which address was counted as domicile. If the minutes write the office number from the moment of distribution, those minutes build the claim of a number. The registry may show the capacity of merchant. The registry does not stand in for the domicile address. An invoice may show the source of the debt. An invoice does not choose the competent office.
Where the competent office is read from
This article reads side by side the domicile record, the jurisdiction clause in the contract, and the service annotation. This article does not add a jurisdiction day to this text. An Ankara lawyer reads from the record in the file that the office in Çankaya does not change the competent authority. This article does not treat a jurisdiction objection as a copy of an objection to the debt.
Conclusion
The competent enforcement office is read from the debtor's domicile or from a valid jurisdiction record. The district of the creditor's office does not choose the office. A jurisdiction day is not added. The frame sits on the enforcement and bankruptcy law page. The basis is the Enforcement and Bankruptcy Law No. 2004.