Enforcement & bankruptcy · Legal information

Who Pays the Fee for an Enforcement Proceeding?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The answer to who pays the fee for an enforcement proceeding is that the creditor deposits the fee paid in advance and the cost advance at the start. On collection, the items in the tariff are as a rule charged to the debtor and written into the file account. There is no fee rate and no percentage in this text. An attorney's fee is not a fee of this kind either. The current tariff is read on the day of the application.

The advance that was deposited does not become a collection fee so that it passes of itself into the debtor's debt. The collection fee comes onto the agenda when money is collected. While there is no collection, the collection item is not treated as having arisen. If the tariff table is not in the file, a rate is not invented.

Who pays at the start

The request for enforcement does not proceed before the fee and the advance are deposited. The creditor meets this sum in advance. It is not begun by saying to the debtor, you deposit the fee first. The request text itself sits under a request for enforcement without a judgment. The fee paid in advance is an item tied to the application. Its rate is in the tariff, and it changes. This text does not write a percentage. The cost advance is the counterpart of concrete acts such as service, an attachment writing, and a sale notice. When the advance runs out, the office may ask for a new advance. The act does not run of itself without an advance. The cost of service stands with the document of whichever writing it belongs to. If there is no document, the cost line is not widened.

The part written when collection happens

When money is collected, the collection fee comes onto the agenda. The fee is calculated on the amount collected, according to the tariff. This text does not write the figure of that calculation. The file account should keep the principal, interest that has run, the attorney's fee, the court fee, and the costs on separate lines. A single melted figure gives rise to a debate that too much was deducted. The item at the moment of collection sits under the collection fee. Even if the debtor pays by hand, the fee and the attachment do not close before the payment is entered at the office. The allocation sits under I paid the debt. Closing of the file sits under how a file closes.

The petition must show which item appears excessive. The sentence that the whole fee is wrong leaves the target uncertain if it does not separate the lines. The decision reads, against the table in the file, whether the item fits the tariff. While there is no table, the decision does not produce a percentage. An invoice may be the document of the principal. An invoice does not stand in for the fee rate. The minutes write on which day the collection was entered. If there are no minutes, the day of collection is not invented.

If there is no collection

If no property appears, or the price is not enough, a certificate of insolvency may come onto the agenda. The certificate is not a paper requested from the start. That result sits under a certificate of insolvency. A refund of an unspent advance is requested by looking at the expenditure list. A fee that has accrued and been entered is not put in the same scale as an unused advance. A contract may be the basis of the claim. A contract does not stand in for the fee tariff. The registry may show the debtor's identity. The registry does not change the rate of the fee paid in advance. The tariff on the day of the application is not treated as having changed of itself by a later table. The change is read from the table in the file.

The creditor should keep, with the file number, the slip for the fee paid in advance and the cost advance that he deposited. If the slip belongs to another file, the fee of this file is not treated as paid. A payment that is not so treated does not of itself carry the request for enforcement forward. When the advance runs out, the office should write for which act it asks for a new advance. If there is no writing, the work that is requested is not invented. The collection fee is the calculation of the amount that entered the cashier. A promise that did not enter the cashier is not treated as collected. If the debtor says too much was deducted, he should show which line conflicts with the tariff. The rate on the table is not carried into this text as a figure. A rate that is not carried is not completed with a percentage sentence either. The advance for which a refund is sought should show the part that was not spent. If there is no expenditure list, a refund amount is not announced.

Where the fee is read from

The tariff table and the file account stand side by side, and this article does not add the fee rate and the percentage. An Ankara lawyer reads, from the tariff record, that the office being in Çankaya does not change the competent authority. This article does not treat the cost advance as the collection fee. This article does not write the deposit at the start as the debtor's debt in advance.

Conclusion

The question of who pays the fee for an enforcement proceeding is answered by the fee paid in advance and the advance that the creditor deposits at the start. On collection, the item in the tariff is written to the debtor. There is no fee rate and no percentage in this text. The frame sits on the enforcement and bankruptcy page. The basis is the Fees Law No. 492.

Legislation

Frequently asked questions

Does the debtor deposit the enforcement fee at the start?

No. The creditor who starts the proceeding deposits the fee paid in advance and the cost advance. The item charged to the debtor enters the file account at the time of collection. A fee is not demanded from the debtor at the start.

How much is the fee?

The amounts depend on the fee tariff and change from year to year. This article gives no figure. The current tariff is read on the day of the application.

If nothing is collected, does the advance that was deposited come back?

A cost advance that was not spent and a fee that has accrued are not the same thing. A refund is asked by looking at the expenditure in the file and the tariff record. If there is no collection, the collection fee may not arise.

If the debtor pays the principal, is the fee erased?

A payment that is not entered in the file does not close the fee. Costs, interest, and the principal are read together on the cover account.

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

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