How To Object To Enforcement Proceedings?
As reasons for objection to debt; reasons such as the debt has never arisen, the debt has expired, the debt is not due (the payment date has not yet arrived), there is already a proceeding of the same person regarding the same debt or receivable (derderstlik), the debtor who has been granted a certificate of insolvency has not acquired new property. However, in case of objection to the debt, there is no obligation to state any reason. In case of objection, the proceedings will be suspended and no foreclosure will be possible. In order to make a foreclosure, this objection must be canceled by filing a lawsuit in court. This lawsuit is called “annulment of objection lawsuit” in the literature.
The objection to the enforcement proceedings can be made by submitting the objection petition to the enforcement office or by filing a report at the enforcement office. The important thing is to make this objection within 7 days after the date of receipt of the notification. Otherwise, even if the debtor party objects to the enforcement proceeding, this objection will not have any consequences.
If the objection to the enforcement proceeding is made at the authorized enforcement office, the enforcement office will not charge any fee. In other words, objection to enforcement proceedings is free of charge. However, if the objection is made in an unauthorized enforcement office and the objection is requested to be sent to the authorized enforcement office, the unauthorized enforcement office where the objection is made will ask the objecting debtor for postage costs.
The objection to the enforcement proceedings can also be made as a partial objection. In other words, if the debtor accepts that he/she has a debt, but thinks that this debt is less than the amount written in the payment order, he/she may object to the part of the debt that he/she thinks is more. In this case, the proceedings will stop for the objected part. However, for the part that is not objected, the proceedings can be continued and foreclosure proceedings can be initiated.