Example of a Payment Order in Enforcement Proceedings
Example No.: 4-5
Republic of Turkey
…………………….Enforcement Office
File No.: ……………………
FOR THE ENFORCEMENT OF DECISIONS RELATING TO THE PAYMENT OF MONEY, THE PROVISION OF SECURITY, THE PERFORMANCE OR NON-PERFORMANCE OF A JOB, OR THE REMOVAL OF THE RIGHT OF USE OR BENEFIT ON A SHIP
ENFORCEMENT ORDER
1- Your name, surname, tax identification number, and
the creditor’s address and, if applicable, their legal representative and
attorney; if the creditor resides in a foreign country,
the country, the address they will provide in Turkey (the creditor’s name, surname, address, and Turkish ID number)
(residence number and address: to be written)
2- The debtor’s and, if applicable, their legal representative’s name, surname, and address, creditor (Debtor’s name, surname, and address, and Turkish ID number if known)
(number: ID number to be written)
3- The amount of the requested security or claim in Turkish Lira …………………….-TL Principal Claim
and, in the case of interest-bearing receivables, the amount of interest and …………………….-TL Accrued Interest
has begun to accrue; receivable or collateral ……………………..- TL Court costs
If foreign currency, the exchange rate on the date of the request + ——————————————-
and interest: ………………….-TL Total receivable, legal interest accrued on the principal receivable from the date of enforcement
together with enforcement fees, expenses, and attorney’s fees
pursuant to BKmd.84
partial payments are applied to expenses, interest, and
additional fees, and the debt is collected from the debtor.
4- If the execution is against an estate, the names,
surnames, and residential addresses of the heirs:
5- The court issuing the judgment and the date and number of the judgment: (Court name, case and decision number,
court decision date to be written)
6- The claim or security requested based on the judgment or document;
the action requested to be taken or not taken;
t he easement to be removed or established;
the easement or right of use on the ship;
Reason for the claim and interest: Accounting/financial consulting fee related to the contract dated ……………
A) You must pay (provide) the above-mentioned debt (security) within (7) days from the date of notification of this enforcement order; Pursuant to Article 32 of the Enforcement and Bankruptcy Law, if you fail to pay the debt (security) within this period, compulsory enforcement proceedings will be carried out unless you obtain a decision to suspend enforcement from the enforcement court or the Court of Cassation or the court to which it is affiliated through the renewal of the proceedings; Again, pursuant to Article 74, if you fail to declare your assets within this period or make a false statement, you will be punished with imprisonment pursuant to Article 337.
B) You must fulfill the above-mentioned obligation within ………. days from the date of notification of this enforcement order, otherwise the judgment will be enforced in accordance with Article 30; if the obligation must be fulfilled by you alone, failure to fulfill it within this period will result in the penalty specified in Article 343 being applied;
C)
If the above-mentioned task is not performed within the specified period, the penalty specified in Article 343 shall be imposed.
D) If, after the enforcement of the judgment regarding the performance or non-performance of the above-mentioned task, an action is taken that would nullify the judgment, the previous judgment shall be enforced again without the need for an additional court decision.
E) You are hereby warned that you must load (unload) the above-mentioned easement or right of use onto the ship within (7) days from the date of notification of the enforcement order, otherwise the ruling will be enforced by force and opposition to the ruling will also require the penalty specified in Article 343 of the Enforcement and Bankruptcy Law. (EBC Art. 30, 31, 32) ……/……./……….
Director of Enforcement
Seal and Signature