Does an objection stop the enforcement proceedings?
In ordinary attachment without a judgment, an objection made in time stops the proceedings, as a rule. It does not close the file of its own accord. The same stop is not to be expected in enforcement of a judgment, or on a bill of exchange. The period changes with the type of proceedings and with the document of service.
When is an attachment imposed?
Once the proceedings have become final and the statutory conditions are met, the enforcement office can carry out the attachment. The procedure changes with the kind of asset.
Can every asset or every income be attached?
No. Wages, a bank account, a vehicle, immovable property and a right held with a third party each have their own procedure. Some income and some assets can be protected. The limit changes with the kind of debt and with the papers.
What is the difference between enforcement of a judgment and enforcement without one?
Enforcement of a judgment rests on a court decision, or on a document that has the force of a judgment. In enforcement without a judgment the document of the debt is different, and the rules on objection are special to it.
Within how many days is an objection made to a payment order?
The statute lays down periods, and they begin to run from the date of service. If the period is missed, the proceedings can become final. The actual record of service should be checked.
What is the difference between setting an objection aside and annulling it?
Setting an objection aside is generally the quicker route, in the enforcement court, and it rests on particular documents. Annulment is an action heard in the ordinary court. The choice follows the documents.
How does an attachment of wages work?
Once the proceedings are final, an attachment can be placed on the debtor’s pay at the rates set by statute. For a special debt, such as maintenance, the rates can be different.
What is a third-party claim?
It is a claim that the attached property belongs to a third person, and not to the debtor. It has to be raised within the period, and it has to be proved.
What is a negative declaratory action for?
The debtor can ask the court to find that the debt does not exist. The consequences differ according to whether the action is brought before or after the proceedings.
How does a composition with creditors differ from bankruptcy?
A composition is aimed at restructuring. Bankruptcy is weighted towards liquidation. Whether either is suitable depends on the accounts and on the statutory conditions.
Is maintenance enforced separately?
A judgment for maintenance has its own regime of enforcement. Maintenance that is in arrears, and maintenance that is still running, can be treated as separate items.
Can proceedings be brought on a cheque or a promissory note?
Depending on the nature of the instrument, a special route such as proceedings peculiar to bills of exchange can arise. The formal requirements of the document are critical.
How long does an enforcement file in Ankara last?
It changes with service, with the objection, with attachment and with sale. The debtor’s assets, and the course of any court proceedings, affect the time. There is no fixed period.
What is checked first when a payment order arrives?
The date of service, the type of proceedings and the head of the debt. The period runs from that document. A photograph on its own does not count as the record of service. The papers have to be complete.
Does an appeal stop the enforcement?
As a rule, it does not. A stay of enforcement depends on security and on a decision of the proper authority. The detail is in the relevant article.
At which enforcement office are the proceedings opened?
As a rule, it is the office of the place where the debtor lives. The district of this office does not select the directorate. A valid jurisdiction clause in the contract is read separately.
Which documents are needed to collect a debt?
A judgment, an invoice, a contract, a cheque, a promissory note, a suretyship or a record of the rent do not enter by the same door. Which document goes to enforcement of a judgment, to enforcement without one, or to the bills-of-exchange route is read from the papers. A missing party, or a missing amount, can weaken the request.
Can enforcement files outside Ankara be followed?
The province in which the file is heard does not depend on the district where the office is. Proceedings in another province can be followed within the UYAP record and the rules of jurisdiction. The office address does not choose the enforcement office.
What is the difference between enforcement proceedings and an action for the debt?
Enforcement proceedings are a route that sends the debt towards collection through the enforcement office. An action for the debt discusses in court whether the debt exists, or what it amounts to. An objection, a negative declaratory action or an action to annul the objection can place these routes side by side. Which comes first depends on the document.
Is a payment plan enough to stop an attachment?
A plan does not stop the proceedings of its own accord unless it is properly brought to the notice of the enforcement office and of the creditor. Waiver, costs and interest ought to be in writing.