… … TO THE JUDGE OF THE EXECUTIVE COURT
FILE NUMBER:
COMPLAINANT:
ADDRESS:
ATTORNEY:
ADDRESS:
LENDER:
ADDRESS:
ATTORNEY:
ADDRESS:
SUBJECT: Acceptance of our complaint… Pursuant to the provision of the Enforcement Directorate dated /…/… the subject of the proceeding is our request for its removal or correction.
INSTRUCTIONS
1-) As a result of our unreasonable pursuit of the debtor, a payment order was served on the debtor on /…/…, we requested seizure proceedings within one year, and seizure proceedings were applied to the title deed of the debtor’s real estate.
2-) Since we did not request the sale within the time period prescribed by law, the attachment was lifted on /…/…. Upon our application to the Enforcement Directorate requesting the re-initiation of the attachment, we were informed that we had to notify the debtor of the renewal and pay the renewal fee.
3-)
Article 78 of the Enforcement and Bankruptcy Law dated 2004: “After the period specified in the payment order has expired and the debtor has objected, the creditor may request the attachment of the property without waiting for the declaration of the property after the objection has been rejected. The right to request seizure is reduced by one year from the date of notification of the payment order. In the event of an objection or lawsuit, the period from the date these occur until the end of the ruling, or if the creditor and debtor have made an installment payment agreement at the enforcement office, the period until the installment payment agreement is breached, shall not be taken into account. If the creditor so desires, a document confirming the execution of the seizure request shall be provided.
This procedure is not subject to any fees or expenses. If the seizure request is not made within the legal time limit or is not renewed within this period after being withdrawn, the file shall be removed from the proceedings. A new seizure request is subject to the creditor’s notification of the renewal request to the enforcement office. Debtor. In cases where enforcement is carried out without publication, a fee is charged upon renewal. Renewal costs and fees are not disclosed to the debtor.” According to this provision, a renewal fee is determined for enforcement without publication, and there is no provision requiring a renewal fee for enforcement based on publication.
4-) For the reasons explained above, it was necessary to file this complaint in order to correct the error in the procedure mentioned in the article of the Executive Board dated.
LEGAL GROUNDS: 2004 PK m. 4, 16, 78; 6100 PK m. 1, 5, 6.
LEGAL EVIDENCE: Expert examination, … … Executive Directorate …./…. E. File number one.
CONCLUSION AND REQUEST: For the reasons explained above, we request that our complaint regarding the renewal fee charged by the Enforcement Directorate in violation of the law be accepted and that the transaction be canceled or corrected. …/…/…
Representative of the Complainant