What Is An Enforced Execution Proceeding? Can An Enforced Execution Proceeding Be Objected To?
The enforcement proceeding with judgment is the enforcement proceeding with writ of execution, which is applied in cases where there is a court decision obtained by the creditor, settlement, acceptance and relevant notary deeds made before the court. This method is applied in cases where the subject matter is different from money or money (evacuation and delivery of immovables, etc.). It is essential to attach the said judgment to the proceeding initiated here. In addition, the general statute of limitations for enforcement proceedings with judgment is 10 years. On the other hand, in the enforcement proceedings with judgment, the enforcement order prepared by the enforcement directorate is notified to the debtor.
Without any jurisdiction problem, the creditor can initiate the enforcement proceedings in an enforcement office of his/her choice. Therefore, since there is no jurisdiction rule, it is not possible for the debtor to object to jurisdiction. It should be noted that, except for exceptional cases, the finalization of the judgment is not expected to be finalized in order to apply for execution by judgment. However; judgments regarding real rights related to immovable property, judgments regarding family and personal law, judgments regarding all ships and real rights related to them, regardless of their flag and whether they are registered in the registry or not, decisions on the enforcement of foreign court judgments, decisions such as the judgments of the Court of Accounts cannot be enforced unless they are exceptionally finalized. Furthermore, the creditor or debtor who wins the negative determination case and in whose favor compensation is awarded cannot apply for enforcement proceedings for compensation and judicial expenses unless the negative determination judgment becomes final.
If a judgment, which cannot be enforced before finalization, is executed by the creditor before finalization, the debtor has the right to file a complaint before the execution courts without the statute of limitations.
Here, it is not possible for the debtor who receives the enforcement order to object to the debt. The reason for this is due to the fact that the receivable item is linked to a court judgment.
However, pursuant to Article 33 of the Enforcement and Bankruptcy Law, the debtor has the right to apply to the enforcement court with a petition within seven days from the notification of the enforcement order and to object that the debt is time-barred, annulled or redeemed.