It Concerns Everyone with Debt! Don't Be a Victim

It closely concerns everyone with debt. Companies and individuals, especially banks, can initiate foreclosure transactions due to debts not paid on time. In order not to be a victim in the foreclosure process, there are details that the citizen should know. Particular attention should be paid to the objection periods and appeal authorities regarding this process. Since this detail is unknown, the citizen has to struggle for months. Here are all the details about enforcement proceedings.

 

It concerns everyone with debt! Don't be a victim

Companies and individuals, especially banks, can initiate foreclosure transactions due to debts not paid on time. In order not to be a victim in the foreclosure process, there are details that the citizen should know. Particular attention should be paid to the objection periods and appeal authorities regarding this process. Since this detail is unknown, the citizen has to struggle for months.

On the other hand, alternative solutions such as the payment of the debt in installments rather than in lump sum are among the options that will ease the hands of the citizens in the execution proceedings. There is also a limit to foreclosure and unfair practices in this regard can also be objected. Here are all the details about enforcement proceedings and lien.

HOW IS EXECUTIVE FOLLOW-UP?

As is known, not every claim necessitates applying to the court. Each court of the first instance has sufficient enforcement offices in its jurisdiction. Those who claim to be creditors and those who have a court decision may apply to the enforcement office within the framework of the procedure and request the fulfillment of their rights. Execution follow-up requests can also be made online. 

WHERE TO APPLY? 

Execution proceedings are made to the authorized enforcement offices determined according to the status of the receivable. If the follow-up to be initiated is based on a court decision (court decision), it can be done in each enforcement office depending on the preference of the person claiming to be a creditor. However, not every claim is based on a court decision. Such a follow-up is called a non-judicial follow-up (common name is an ordinary follow-up), and in this case, the enforcement office to be applied may be the place where the debtor's residence is located, and the executive office where the contract is made.

ATTENTION TO THE 7-DAY TIME IN FOLLOW-UP!

Objection to the proceedings is possible. However, it is subject to some distinctions, as follows: It is possible to appeal to the enforcement office of the place where the follow-up was carried out within 7 days in cases without information. For this, an either oral or written application is made directly to the enforcement office of the place where the proceedings are made, or any enforcement office is applied to be sent to that enforcement office. However, this application must be made within 7 days of the notification of the payment order, otherwise, the follow-up will be final.

If the proceedings are based on a court decision, the debtor cannot directly apply to that enforcement office and appeal, but can apply to the enforcement court within 7 days and claim that the debt has expired or paid.

HOW ARE THE GOODS OF THE COLLEGE LIVING SEPARATE?

A person who owns a movable property is considered its owner. Even if the debtor and third parties hold the movable property together, the property is deemed to be in the hands of the debtor. Among the properties in the places where they live together, those whose belonging to women, men, and children are clearly understood, or those that are due to customs, art, profession, or occupation, are deemed to be. This is a presumption, it falls on the person who claims to prove otherwise.

WHICH GOODS CANNOT BE SHIPPED?

Public goods.

All kinds of belongings necessary for the owner of the workplace to continue his profession.

Necessary items for family members living under the same roof and if there is more than one item used for the same purpose, one of them.

 Necessary tools and means of transport for the farmer's livelihood. Two months of food and fuel for the debtor and his family. Quarterly feed and bedding of the animal breeder. The pensions of those who are disabled in the army and police services of the country, and their salaries attached to their families.

Student scholarships

House suitable for the debtor's condition (compatible with his life). Compensation is paid to the person and his family due to bodily harm.

The salary of SSK and Bagkur retirees.

More than a quarter of the employee's salary.

IS THERE A PENALTY PENALTY?

A person who is subject to enforcement proceedings has to make a declaration about the assets sufficient for debt within the objection period. Imprisonment is possible for the debtor who does not declare the property. This prison sentence is called 'pressure confinement'. It cannot exceed three months, it disappears with the declaration of property.

IN WHICH CONDITIONS?

A seizure is a process of collecting the receivable from the debtor's assets as a result of a finalized follow-up. This process is also done by the enforcement office. In cases where the debt of the debtor is finalized after the follow-up, the securities or real estates are confiscated, the foreclosure process is carried out by taking it from the hands of the movable property for the movable property by delivering it to the institution or person we call 'yed-i sure'. Real estate foreclosures are made by deducting the sequestration record from the title deed of the property. The seizure must be applied to the amount of property to cover the debt, this is the provision of the law.

CAN THE DEBT BE PAID IN INSTALLMENT?

The debt subject to monitoring can be paid in installments. If the debtor commits to pay the debt subject to follow-up in four installments, follow-up stops. However, there are conditions for this. The debtor will report this request to the execution file and pay the first installment to the file. Then he will pay three more installments at one-month intervals. In this case, the tracking waits for the end of the payments. If the installment is completed at the end of the fourth month, the file is closed. The number of installments may increase, but this depends on the consent of the creditor. If the installments are delayed, imprisonment (imprisonment) comes to the fore.

SELL WITH AUCTION

Seized goods are put up for sale at the request of the creditor. The sale is made by auction. The request for the sale of movable property can be made within 6 months after the foreclosure, for the immovable property within 1 year after the attachment. The debtor's receivables from third parties are movable. For the receivables from third parties, a notice which we call '89 notice 'in practice is sent to the third party.

In this way, the goods that the enforcement office imposes foreclosure are sold by auction. The increase is opened at the highest price given in the electronic environment and the sale is made with 50 percent of the price and all expenses and when it reaches the price to cover this if there is a priority creditor. If this number is not reached, these conditions are sought in the second sale. Those who will participate in the tender deposit 20 percent of the estimated value. All transactions are done electronically. (Mail)


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