In short
The question of how the creditor starts enforcement on a judgment separates the person who places the judgment in hand, or a document that has the quality of a judgment, at the enforcement office. The office sends the debtor an enforcement order. For a money claim the order, as a rule, carries a seven-day period to pay. The period is read from the record on the order. The debtor’s objection does not stop the file of its own accord, as in enforcement without a judgment.
The list of the person who receives the enforcement order is not in this text. Another period that is not written in the file is not added. A period that is not added does not give rise to an item that is not in the judgment either.
How the judgment enters the file
The creditor gives the office the judgment of the court that gave the decision, or a document the Act treats as a judgment. A notarial deed in official form that acknowledges a money debt is among these documents. Its distinction from a certified ordinary deed sits under enforcement on a judgment with a notarial deed. An annotation of finality is required according to the type of the judgment. An appeal or cassation petition does not stop enforcement by itself. For a stop, the route of a stay of enforcement requires security and the authority’s decision.
In the request for enforcement, the creditor, the debtor, the date and number of the judgment, and the item requested are written. Interest or an expense that is not in the judgment is not added to the enforcement sentence. The attorney’s fee and the fee are at the opening of the file. The fee tariff is not in this text. A tariff that is not there is not written in place of the operative part of the judgment. A part that is not written is not widened by a petition.
The enforcement order and the payment order
In enforcement on a judgment, the document that goes to the debtor is the enforcement order. In enforcement without a judgment, the document that goes is the payment order. Both require service. The result of an objection is not the same. The first check of the debtor who receives the order is left to the heading an enforcement order arrived. If there is no service annotation, it is not assumed that the order reached the debtor. An arrival that is not assumed does not mean the seven-day record has run either. If the record is written on the order, it is read from there.
When the payment period ends and the proceedings become final, the creditor can request attachment. The definition of attachment, and the debtor’s rights of objection, are not repeated here. How the asset will be shown in the request sits under attachment in a file that has become final. Finality, without an asset being shown, does not turn into a sale of its own accord.
The limit of jurisdiction and eviction
In enforcement on a judgment, the competent office is read with the enforcement office written in the judgment and the rules of domicile. If the debtor lives in Ankara, or the judgment is from an Ankara court, an Ankara office can come onto the record. The detail sits under the competent office. A list of districts is not built.
Eviction from immovable property is not a copy of a money judgment. The eviction order and the period are under an eviction judgment. This text is only for the creditor who puts a money judgment into enforcement. The record in an eviction order is not pasted in place of the seven days in a money order.
An Ankara lawyer reads from the judgment that the office being in Çankaya does not choose the office where enforcement on a judgment will be opened. The competent authority is read from the judgment and the domicile record. The file on a judgment is not treated as having stopped so that the objection will pass of its own accord. The district of the office does not change the competent enforcement office. The office address does not take the place of the service address.
Which item the judgment requests is read, line by line, from the operative part. An attorney’s-fee item that is not in the operative part is not written into the request for enforcement of its own accord. An item that is not written is not treated as having arisen in the enforcement order that goes to the debtor either. An item that is not counted does not join the day of arrival on the service annotation either. An item that does not join is not completed from the last sentence of the petition. A sentence that is not completed does not take the place of the judgment.
If there is more than one debtor, separate service is looked for on each. Service made on one does not mean the other received the order. Even if the judgment writes a joint debt, service is not erased. Service that is not erased shows, from the annotation, for whom the seven-day record ran. If there is no annotation, proceedings are not treated as having started against anyone. A start that is not counted does not become a date for a request for attachment either. A request that has no date is not completed by an annotation of finality either.
A new period is not added
This article does not write into the request for enforcement an extra period that is not written in the enforcement order. This article does not squeeze an item that is not in the judgment into the seven days.
Conclusion
Enforcement on a judgment starts with the creditor who gives the judgment to the office, and it goes to the debtor with an enforcement order. An objection does not produce the stopping effect of enforcement without a judgment. A legal remedy does not cut enforcement of its own accord either. The frame is on the enforcement and bankruptcy law page. The official basis is the enforcement-order and judgment-enforcement provisions of the Enforcement and Bankruptcy Code. Immediate attachment is not said before the annotation of finality on the judgment is seen.