Failure To Accept Photocopying From The File As A Notification
12th LAW CHAMBER E.2015/19497, 2015/29941
Photocopying from the file cannot be accepted as notification.
In the concrete case, it was seen that the sample 10 payment order notification sent to the debtor was returned on 12.06.2014 without being notified, upon the debtor taking a photocopy from the proceeding file on 12.06.2014, it was accepted that the debtor learned about the proceeding with the decision of the execution directorate dated 24.06.2014, and the proceeding against the debtor was finalized, an appraisal was made with the request of the creditor dated 24.06.2014, and with the request dated 28.10.2014, it was decided to collect Article 100 benefit information regarding the sale of the immovable.
The actions taken without notifying the debtor of the payment order and finalizing the proceeding are not correct. Because, according to Article 61 of the BEC, the debtor can use the right of objection and complaint with the notification of the payment order. This issue is of public order and is subject to indefinite complaint. Since there is no previous payment order notification to the debtor, even if it is irregular, there is no possibility to apply Article 32 of the Law No. 7201 in the case.
CONCLUSION : In that case, while the court should examine the merits of the complaint by accepting the complaint in due time, it is inappropriate to establish a judgment as written.CONCLUSION : With the acceptance of the debtor’s appeal objections, it was unanimously decided to (DISMISS) the court decision in accordance with Articles 366 of the BEC and 428 of the HUMK for the reasons written above.