The Practice Of Collecting Seizure Delivery Fee More Than Once
THE PRACTICE OF COLLECTING MORE THAN ONE SEIZURE DELIVERY FEE
A fee is money received by the State in return for a service rendered. Considering the judicial decisions and the doctrinal opinion, fees are considered as a type of tax.
In order to be able to charge a fee for a public service, this service must be determined by law and the regulations regarding the collection of fees related to this issue must be included in the law. This is because taxes are imposed by law and collected by law. In recent days, it is seen that there is no unity of practice in the enforcement directorates, especially regarding enforcement bankruptcy, foreclosure delivery sales fees, collection fees and renunciation fees.
In particular, it will be seen that they charge a foreclosure delivery fee for each address, a separate sales fee for the sale of each parcel, or even for the sales made within the apartment, within the courthouse. The Ministry of Justice, on the other hand, is generally in favor of unity of practice on this issue.
The decision of the judicial authorities should be taken as a basis.
As our subject of examination today, the application of the foreclosure delivery fee will be discussed, the problems in practice will be discussed, and finally, in parallel with the decision of the 12th Court of Cassation, we will examine how the foreclosure delivery sales fee should be taken and in which cases it should not be taken.
In Articles 127 and 128 of the Law No. 492 on Fees, it is stated that, unless otherwise provided in this law, the transaction subject to the fees will not be carried out unless the fees are paid in full in advance, and that the officer will be responsible for the transactions made without the necessary fees, and that the taxpayers and the officers will be responsible together, but in Article 2 of the Law No. 3717 dated 8/5/1991 on the Provision of Travel Expenses and Compensation to Judicial Personnel and Those Who Follow State Cases and the Repeal of an Article of the Law No. 492 on Fees. Article 2 of the Law on the Payment of Travel Expenses and Compensation to Judges, Public Prosecutors, Officer Members of Military Courts, Judicial Physicians, Execution Managers and their assistants and officers authorized to execute execution proceedings, Treasury
lawyers, heads of departments authorized to pursue cases in provinces and districts where there are no Treasury lawyers, and persons authorized according to the Cadastral Law No. 3402 (275); (200) for chief clerks, social workers, psychologists and pedagogues assigned upon the decision of the judge or public prosecutor, civil servants working in accounting services, minutes clerks and other judicial and administrative judiciary personnel, excluding penal and execution institution personnel; and (150) for bailiffs and janitors, up to the amount to be calculated by multiplying the indicator figure by the coefficient of the civil servant’s salary… . ” is included in the provision. The work seen more than one
If it is more, the travel expenses shall be paid in proportion to the distance.
Bailiffs, on the other hand, are generally
1) In case there is more than one parcel in the appraisals, a separate fee is charged for each parcel.
2) It is seen that the debtor’s file, which was visited on the same day, was visited on the same day and at the same time, on the grounds that more than one foreclosure transaction was made, it is seen that they have established transactions in the form of charging more than one fee.
3) If there is more than one parcel sold, it is seen that they charge a separate fee for the sale of each parcel.
4) It is seen that they take the foreclosure delivery sales fee in the sales made in front of the courthouse, courthouse garden, executive directorate room.
However, how should the practice be?
As it is known, in Article 2 of the Fees Law No. 492, it is stipulated that the judicial proceedings written in the tariff numbered (I) attached to the said Law are subject to judicial fees.
In the section titled “Execution and Bankruptcy Fees” of the said tariff, with the 20th article of the Law No. 6009, “III. Levy, delivery and sale fee” was added to the section titled “Execution and Bankruptcy Fees” to be effective as of 1/8/2010, and the amount of the said fee was determined as 56,85 TL for 2013 with the General Communiqué on the Law on Fees Serial No. 63, based on the repeated 138th article of the Law No. 492.
The fee is the money collected in return for a transaction or a service rendered and arises with the realization of the transaction. As a matter of fact, as a result of the regulation made in the aforementioned tariff attached to the Law No. 492 with the Law No. 6009, it is envisaged that a fee will be sought for each execution and bankruptcy transaction to be performed by an officer outside the execution office.
If more than one parcel of immovable property of the same debtor is sold from the same file, only 1 foreclosure delivery sales fee should be charged. Likewise, a single fee must be charged for the appraisal or actual seizure of more than one parcel in more than one file of the same debtor on the same day and at the same time.
In addition, it is contrary to the content of the law to charge a fee for sales made inside the courthouse building, in the courthouse garden, in the executive directorate room. Because the executive director has not established a transaction outside the apartment. It is envisaged that a fee will be sought for each execution and bankruptcy transaction to be fulfilled by an officer outside the execution office.
You can access our other article examples and petition examples by clicking here.