How To File A Complaint Against The Sequence Order
If it is claimed that the execution manager acted contrary to the provisions of the law of execution while preparing the order list and that the transaction is not in accordance with the procedure, a complaint can be filed against the order list. (Art. 16 of the EBL)
Even if it is thought from Article 142,III of the EBL that the complaint against the order list is only related to an objection against the order, a complaint may be filed pursuant to Article 16 of the EBL for all situations that the executive director is obliged to comply with and do ex officio. The first of the grounds for complaint is the refusal to admit the creditor to the order requested by the creditor.
If one of the creditors wishes to object to the order in the order list, either for his/her own order or for the order of other creditors, he/she must notify the enforcement court through a complaint.
It should be noted that it is accepted that a complaint may also be filed in the event that the bailiff acts contrary to the provisions of the enforcement law while preparing the order list.
The Supreme Court has established in various jurisprudence that “which complaint is an objection to the order and should be made to the execution court”. For example:
“The dispute regarding whether the plaintiff’s attachment can be included in the order list will be resolved before the execution court, the dispute regarding the order given in the order list to a receivable whose basis and amount is certain will be resolved in the execution court, the objections not related to the basis and amount of the receivable, but only to the order will be resolved in the execution court”.