In short
Enforcement of an eviction judgment is the enforcement file under a judgment opened, after the rent action has ended, for the immovable to be vacated. The court judgment does not open an enforcement file so that it passes by itself into the lock being changed. Actual vacation comes after the enforcement order and service.
The grounds of the action are not the subject of this text. If there is no judgment in hand, a written undertaking to leave is a separate route. The enforcement order explains the name of the paper. An eviction day is not in this text.
Why the judgment goes to a separate file
The eviction action ends at the competent court. Enforcement begins at the enforcement office. A copy of the judgment, whether a finality annotation is needed, and the parties are read from the operative part of the judgment. The sentence that there is no eviction before the decision becomes final is not true for every judgment. The type of the judgment, the service, and the note of the legal remedy are looked at together.
In enforcement under a judgment, the pattern of an objection to a payment order is not expected. The heading of the paper that goes to the tenant is an enforcement order. Mixed language produces the wrong petition at the directorate. A rent claim and an eviction judgment may stand in the same judgment. The money item is attachment. The eviction item is the work of vacation. The two items do not fit into a single request for attachment. The request is not treated as completed while a copy of the judgment does not stand in the annex.
The enforcement order and the actual vacation
The enforcement order carries what the judgment asks to be vacated, and the period the statute writes. The period is read from the service. A number of days is not fixed in this article. If the service is irregular, the photograph of the period shifts. If there is no vacation within the period, the creditor may request the actual eviction. Police support, a custodian, and the safekeeping of the goods look at the file and the record.
The eviction date runs by a record on the day and at the hour the directorate sets. Delivery of the key, changing the lock, and moving the goods are written in the record. If a third person found in the house is not a party in the judgment, a debate of possession may open. There is no promise that the goods will be put out on the street the same day. The tenant may put forward a claim of the scope of the judgment, or of a new tenancy, with separate documents. The enforcement office does not try the action from the start.
The money item and the eviction
If accrued rent is in the judgment, attachment is requested separately. Even if the eviction has taken place, the money item may stay open. The reverse is also true: appearing to have paid the rent does not drop the eviction judgment in every file. The operative part of the judgment is what counts. Opening a new eviction action does not stand in for enforcing the judgment in hand.
Whether the legal remedy stops the enforcement is followed from the article on postponement of enforcement. Not every appeal holds the lock by itself. An eviction order is the paper of vacation without a judgment. It is not a copy of the file under a judgment. If the headings of the two papers mix, the wrong petition is born. Interest on the money item does not widen the eviction clause.
How the judgment is read
This article compares the place evicted in the operative part of the judgment with the block and the parcel. This article separates the service slip of the enforcement order from the request for actual eviction. This article looks at whether the money item and the vacation item are squeezed into the same request. A squeezed item is separated in the file like two pieces of work.
An Ankara lawyer who reads the judgment first asks for the operative part and the service piece. Even if the immovable is in Çankaya, the office address does not choose the competent office. Jurisdiction is read from the place where the immovable is and from the rules of enforcement under a judgment. The detail is followed from the article on the competent office. A wrong door number spoils the record.
A third person, and the address
The neighbourhood name does not widen the judgment. If the actual address and the title address conflict, the conflict is written in the eviction record. The goods of a third person may mix with the claim of a person who is not a party in the judgment. The claim does not stop the eviction by itself. The petition should write who the possessor is and which document shows this.
A claim of winter, illness, or a child does not produce a legal postponement in every file. If there is a postponement, the statute and the authority's decision are read. The director's initiative is not assumed. While there is no decision, the eviction day is not treated as postponed. If the contract was renewed, the new relationship is shown separately. An oral promise does not change the operative part of the judgment.
Conclusion
Enforcement of an eviction judgment is the compulsory application of the judgment, not of the ground of the action. The enforcement order, the period, and the actual eviction are separate steps. The general frame is on the enforcement and bankruptcy law page. The official basis is the text of the Enforcement and Bankruptcy Code No. 2004. Without a copy of the judgment, an eviction day is not spoken.