In short
A stay of enforcement is the procedural answer that applying for a legal remedy does not stop enforcement on a judgment of its own accord. The question of what it is is answered as security, the authority’s decision, and entry in the file. An appeal or cassation petition does not produce a writing to the office that the attachment has stopped. An amount and a day are not added to this text.
Why a legal remedy does not stop the proceedings
Enforcement on a judgment rests on a court judgment or on a document that has the quality of a judgment. Going to a legal remedy against the judgment does not, as a rule, suspend enforceability. The creditor can issue an enforcement order to the extent the Act allows. The debtor cannot treat the attachment as non-existent by saying the action is still running. Some judgments already require finality. This distinction is not closed with the sentence “there is no enforcement before the appeal ends.” The type of judgment, the service printout, and the note of the legal remedy are looked at together. The stopping effect of a timed objection in enforcement without a judgment is not carried here.
A stay decision is not treated as having cancelled the sale notice of its own accord. The notice portal, the office record, and the chain of service are kept apart. Lifting an attachment and a stop secured by a deposit are not written in the same petition. Release by payment does not take the place of a stay decision. A wrong label can miss the sale day. The file number in the file should show which judgment the security belongs to.
In maintenance, or in some judgments strictly tied to the person, enforceability is read separately. The generalisation that no family judgment can be enforced before it becomes final is not carried to a judgment for a money claim either. Mixed language produces the wrong petition to the office. Which judgment requires finality is read from the operative part.
Which paper a stay rests on
A stay is requested with a document showing that a legal remedy has been applied for. A receipt of the application, a fee slip, or a UYAP record does not, in every file, take the place of the paper the authority requires. The competent authority changes according to the court that gave the judgment or the file of the legal-remedy authority. The enforcement officer does not produce this decision of the officer’s own accord. The work does not end when the decision comes out. Presenting it to the enforcement office, entering it in the record, and, if there is a sale unit, notifying that unit are a separate step. A bank or title annotation is not erased because one says “I obtained the decision.”
Security and the sale day
The Act ties a stay, in most situations, to security in judgments for a money claim. Security can be cash, a guarantee letter, or another assurance the Act accepts. Which one will be accepted is read with the authority and the current provision. There is no percentage or amount in this text. A petition given before security is deposited is not treated as having produced a stay decision. Even if security has been deposited, the office may not postpone the sale if there is no decision of the authority and no entry in the file. The two conditions do not take each other’s place. If the sale notice has been published, the calendar may not be erased of its own accord despite the decision. If the decision arrived after the sale, the route after the auction is what is discussed in most files.
Which records come side by side
The documents that are read are the application for a legal remedy, the security receipt, and the authority’s decision. Service separates, from the annotation, whom the judgment went to. If there is no annotation, service is not assumed. The petition should write, with the file number, for which judgment a stop is requested. The decision is not treated as having lifted the attachment before it is entered in the enforcement file. The application should show, with the file number, whether the security was deposited. A contract can describe the source of the claim. A contract does not take the place of the authority’s decision. An invoice can show the item of the claim. An invoice does not produce the amount of security. The register shows the annotation on the immovable. The register does not give rise to a stay decision. The minute should state separately whether the sale day stopped.
Where the stay file is read from
This article places the security document, the authority’s decision, and the entry record in the enforcement file side by side. This article does not write a security rate into this text. This article does not treat a legal-remedy petition as a stay decision. The Çankaya office does not change the competent authority.
Conclusion
Going to a legal remedy does not stop enforcement on a judgment of its own accord. A stay requires a document, security in most files, and the authority’s decision. An Ankara lawyer does not write a security rate without looking at the file. The frame sits on the enforcement and bankruptcy law page. What to do when an enforcement order arrives, the difference of an objection without a judgment in enforcement on a judgment and without one, stopping a sale in general in sale of assets, and the door after the auction in setting aside the auction. The basis is the provisions of the Enforcement and Bankruptcy Code No. 2004.