Petition For Complaint Against Officer Action
… … JUDGESHIP OF THE ENFORCEMENT LAW COURT
FILE NO. :
COMPLAINANT :
ADDRESS :
PROXY :
ADDRESS :
CLAIMANT :
ADDRESS :
PROXY :
ADDRESS :
SUBJECT : It consists of our request for the removal or correction of the transaction subject to the letter dated …/…/… dated …/…/… of …. … Enforcement Directorate by accepting our complaint.
EXPLANATIONS
1-) As a result of the judgment enforcement proceeding we made against the debtor … … …, a payment order was notified to the debtor on …/…/… date, we requested foreclosure within one year and a lien was placed on the title deed of the immovable belonging to the debtor.
2-) The attachment was lifted on …/…/…/…date due to the fact that we did not request a sale within the time stipulated by law, and upon our application to the … … … Enforcement Directorate with the request for re-application of the attachment, we were notified that we had to notify the debtor for renewal and pay a renewal fee.
3-) According to Article 78 of the Enforcement and Bankruptcy Law No. 2004, “After the time period in the payment order has passed and if the debtor has objected, the objection has been refused, the creditor may request a seizure without waiting for the declaration of property. The right to request attachment shall lapse after one year from the date of notification of the payment order. In case of objection or lawsuit, the time elapsed from the occurrence of these until the finalization of the judgment or until the violation of the installment agreement in case the creditor and the debtor conclude installment agreements at the enforcement office shall not be taken into account. If the creditor so requests, a certificate shall be issued on the occurrence of the attachment request. This certificate shall not be subject to any fees and duties. If the foreclosure request is not made within the legal period or is not renewed within this period after it is withdrawn, the file shall be removed from the proceedings. Re-demand for attachment shall be conditional upon the notification of the renewal request made by the creditor to the debtor. In proceedings that are not based on a judgment, a new fee shall be charged upon the renewal request. Renewal costs and fees shall not be charged to the debtor.” The provision stipulates the renewal fee in terms of proceedings without judgment, and there is no provision stipulating that a renewal fee must be charged for renewal in proceedings based on judgment.
4-) For the reasons we have explained above … … It has become necessary to make this complaint in order to correct the transaction subject to the letter dated …/…/… dated …/…/… of the Execution Directorate.
LEGAL GROUNDS : 2004 S. Code Art. 4, 16, 78; 6100 S. Code Art. 1, 5, 6.
LEGAL EVIDENCE : Expert examination, …. … Execution Directorate’s …./…. E. numbered file.
CONCLUSION AND REQUEST : For the reasons we have explained above, we request that our complaint about the decision of the … … Execution Directorate regarding the illegal decision to charge a renewal fee be accepted, and that the transaction be removed or corrected. …/…/…
Complainant’s Attorney
………………………….