What Is A Time Delay Notice?
In the case of an unfinalized court judgment, the creditor party may collect the local court judgment through execution proceedings. While the case file is still under review by the Court of Cassation, the creditor party can resort to all means to collect its receivable, only the sale of real estate is prevented.
The debtor party may refrain from making payment while the case file is being examined by a higher court. In this case, there are two ways that the debtor can try. The first of these is; the debtor party can wait for the decision of the Court of Cassation by stating the deferred execution requests while appealing the local court decision. In this case, the Court of Cassation will accept or reject the deferred execution and the Court of Cassation will determine whether the local court decision can be enforced or not.
The other way is for the debtor who did not specify or forgot to specify the request for deferred execution during the appeal. When the creditor party wants to collect the local court decision by means of execution, first of all, he/she should send the request for deferred execution to the Supreme Court of Appeals as a result of depositing a collateral to the account of the directorate of execution in the directorate where the execution proceeding has started by receiving a statement that he/she has appealed this decision from the local court, and an appropriate period of time is requested for the Supreme Court of Appeals to finalize it and return. The Execution Director will give the debtor an appropriate period of time if the conditions in Article 36 of the Execution and Bankruptcy Law are met. This period given by the Execution Director is not a final decision such as deferred execution. It is a period of time given to the debtor to file a request for deferred execution to the Court of Cassation and for the Court of Cassation to decide on this request and notify the parties to the case. This period starts from the day the case file is sent to the Court of Cassation.