Enforcement proceeding with judgment is a way to collect a debt, which may be a matter of money, or something else (such as; child’s reunion, movable estate’s delivery, delivery or eviction of a real estate) based on a court order. The creditor should have an order or another document which can be assumed as court order according to the law to initiate an enforcement proceeding with judgement. The court orders which include performance may also be a subject to enforcement proceeding with judgment.
Therefore, in proceedings with judgment, the important difference from the proceeding without judgment is that, there must be a prior court decision or another document deemed as appropriate to start the execution proceedings.
It is a debt enforcement proceeding method in which claimant can use, in case s/he has a court order. The judgement should be attached to request for enforcement proceedings. Enforcement proceeding without judgement cannot be started based on a judgement. Statute of limitation is 10 years for claiming enforcement proceeding.
Legal interest rate can be requested if the court order does not includes interest from the date of court order. Only the party to the court order can file an enforcement proceeding with judgement. Even the attorney’s fee which is decided in the court order belongs to counsel, attorney cannot start enforcement proceeding on its behalf.
CONDITION OF CLAIMING ENFORCE JUDGEMENT
* Court orders
* Arbitration decision
* Compromise, acceptance, waive before court
* Notary public paper
* Letter of guarantee regarding to appeal and enforcement
* Order of execution of foreign court’s and arbitral Award
CLAIM OF ENFORCEMENT PROCEEDING
Claim of enforcement proceeding includes elements stated under Article 58 of the
Enforcement and Bankruptcy Law, and court decision or another documents, which are strong as decisions as stated above. In case, there is more than one debtor an their liabilities are not specified or all of them are severally liable for the debt according to the court order, all the debtors are responsible equally. When enforcement proceeding is initiated, no fees are required to be paid except application fee. Amount made by court order should be stated as an amount due.
Enforcement Directorate is responsible to send the claim of enforcement proceeding and enforcement order arranged incompliance with court order to debtor. Debtor may claim to revoke enforcement order by means of indefinite complaint in Enforcement
Court, in case enforcement order is contrary to claim of enforcement proceeding and to enforcement order.
In debt collection unless Debtor pay his/her debt stated by enforcement order within a peremptory term(generally seven years) or deliver, Court order may forcibly be carried out by debt collection office. All kinds of objection or complaint are made to enforcement court in the enforcement proceeding with judgement. Complaint about discrepancy of court order is not liable to time.
If Debtor does not perform his/her obligation within time stated by enforcement order, S/he has to submit suspension of execution made by court of appeal as Appealing court order may not suspend enforcement proceeding.
Reversal of Court order may suspend enforcement proceeding. In case of partial reversal, this part reversed may be suspended.
DELIVERY OF MOVABLE PROPERTY
2 In case Debtor does not deliver the movable property subjected to court order in spite of maintaining it, it is given to creditor by forcibly taken from debtor. Debtor may not avoid delivery by paying value of the property.
EXECUTION OF COURT ORDER REGARDING TO THE DELIVERY OF CHILD
AND GETTING IN CONTACT WITH CHILD
Unless court order regarding to family law and law of persons is finalized (Civil procedure code, article 443/4), they are not executable. In case debtor does not deliver child within seven days from the date on which s/he take enforcement order,
Enforcement Directorate has to deliver child to creditor by forcibly taken child from debtor.
Subsequent to creditor’s complaint, Debtor who does not perform or prevent to perform liability arising from court order may be condemned to six-month preventive detention by Enforcement Court.
EXECUTION OF COURT ORDER REGARDING TO EVICTION AND DELIVERY OF
If debtor who takes the enforcement order does not evict and deliver voluntarily real estate to creditor, the real estate is delivered to creditor by forcibly executing court order. Unless court order regarding to rights in kind of real estate is finalized, they are not subject to enforcement proceeding. This matter is subject to indefinite complaint. In case the real estate is under the auspices of a third party, If this third party is a renter and s/he rent this real estate from debtor, Third party should be evicted as debtor.
EXECUTION OF COURT ORDER REGARDING TO PERFORMING A JOB OR
If the performance of debtor is the only way to perform of the work of court order, if the debtor does not perform, bailiff prepare an enforcement order within a time in 3 accordance with the scope of work and the enforcement court decides the preventive detention of debtor following claimant’s complaint according to the article 343.
But if the performance of debtor is not the only way to perform of the work of court order, and if the debtor does not perform, following the claimant’s request, the cost of the work is calculated by the expert, the work may be performed by a third party as of its cost will be collected from the debtor without the need to any court order.