The debtor who wants to object to unauthorized enforcement proceedings can make his objection verbally as well as in writing. If the objection is made orally, it is recorded in the minutes. However, in practice, an objection is made to the Executive Office with the authority to file a petition. In case of unauthorized enforcement proceedings, an objection must be filed within 7 days. The prescribed 7-day period begins from the moment the pay order is notified to the debtor. This pursuit stops when the debtor objects to the enforcement proceedings.
However, unlike the follow-up without a warrant, the objection made to the Enforcement Directorate in the follow-up based on a promissory note does not stop the follow-up; the appeal must be submitted to the Enforcement Civil Court within 5 days. Again, unlike ad-free tracking, in tracking based on a promissory note, the objection does not stop the tracking, all tracking operations continue except sales operations. For this measure, the challenged court may be asked to temporarily stop the tracking operations until it decides on the merits of the appeal. A debtor who unjustly denies his signature is fined ten percent of the amount he will receive in the following year.
In order to remove the objection, the creditor must file a lawsuit regarding the removal of the objection or the cancellation of the objection, and these lawsuits are limited to 6 months for the removal of the objection and 1 year for the cancellation of the objection in case of cancellation of the objection. If a lawsuit is filed, the burden of proof belongs to the creditor. When the debtor files a lawsuit against unauthorized enforcement proceedings, he has the right to file a lawsuit for part of the debt as well as for the whole.
If the person who wants to initiate enforcement proceedings has applied for enforcement proceedings with a warrant, the debtor cannot object to the existence of the debt in this case. However, on the other hand, the debtor has the right to file a lawsuit in the Enforcement Court regarding his other objections. 33 Of the Debtors, Enforcement and Bankruptcy Code. according to the article, he can appeal to the Executive Court with a petition within 7 days from the notification of the executive order.
If no objection is made within the 7-day period given in the enforcement proceedings without a warrant, the pay order and enforcement proceedings will be finalized. As a rule, there is no result of an appeal against non-drug enforcement proceedings conducted after the expiration of the period.
However, the only exception to this situation is a delayed appeal. Accordingly, if the prosecution cannot be objected to due to any obstacle without any defect, it will be possible to object to the enforcement proceedings without subsequent notification. The executive director without a warrant is officially responsible for investigating whether the objection has been made within the time limit. Because the specified 7-day period is a lowering period of rights. In the case of a declared execution, the debtor must be challenged within 7 days from the issuance of the execution order. Otherwise, it is stated in the relevant legislation that forced execution method will be applied.