Enforcement Lawsuits
Can an Enforcement Lawsuit Be Contested and What Are the Grounds for Objection?
In the normal course of life, enforcement lawsuits can be filed for unpaid debts. This is a situation that can happen to almost anyone. In these processes, neither the debtor nor the creditor is fully aware of their responsibilities. During enforcement lawsuits, there are certain procedures that not only the creditor but also the debtor must follow. Objecting to the enforcement proceeding is among these procedures. The payment order must be objected to within the time limit before it becomes final. Otherwise, the objection period will expire, and a lawsuit will need to be filed. To make such objections in a timely manner, it is necessary to seek help from an expert and professional lawyer in the field. A delayed objection must be filed within 3 days from the date the cause of delay is eliminated. Within this objection period, the enforcement proceeding does not stop automatically; the Enforcement Court decides after examining the file. You can access comprehensive information about enforcement lawsuits by visiting the website.
Is There a Delayed Objection Period in Enforcement Proceedings?
The enforcement proceeding process is one that yields quick results. There can be many reasons to object to an enforcement proceeding. Objections are made to the Enforcement Office where the enforcement proceeding is carried out. The grounds for objecting to an enforcement proceeding are as follows:
- Situations where there is no debt
- Situations where the entire debt has been paid
- Situations where the debt has been partially paid
- Objections to the signature and authority related to the debt.
Objections to the payment order must be made within 7 days along with the grounds, and thus the forfeiture period must be initiated. After a valid objection to the payment order, the enforcement proceeding and seizure actions are suspended. The debtor, who cannot object to the payment order due to an obstacle or force majeure, can object to the debt order within the delayed objection period. An objection made in this way is made to the Enforcement Court.
