POSTPONEMENT OF EXECUTION – DEFERRAL OF EXECUTION

In enforcement proceedings based on a court judgment, the debtor who receives the enforcement order cannot object to the debt as they can in enforcement proceedings without a court judgment. This is because the subject of the proceedings is based on a court judgment or a document with the nature of a court judgment, which is quite strong in terms of proving the claim; therefore, as a rule, enforcement proceedings based on a court judgment cannot be prevented. (The document on which enforcement proceedings based on a court judgment are based is a court decision; enforcement proceedings based on a court judgment cannot be initiated without a court decision.) However, the law allows the debtor to prevent the progress of the proceedings by following the procedure of suspending the enforcement, also known as postponement of enforcement. Suspension of enforcement is only applicable to enforcement proceedings based on a court judgment.

 

 

 

 

 

 

 

 

 

 

 

SAMPLE APPLICATIONS

ISTANBUL REGIONAL COURT OF JUSTICE TO THE RELEVANT CIVIL COURT      

To be sent

TO THE ISTANBUL ( ) PRIMARY CIVIL COURT

 

FILE NO:

IN THE APPEAL APPLICATION

PLAINTIFF (DEBTOR):  

ADDRESS:

REPRESENTATIVE:

ADDRESS:

DEFENDANT (CREDITOR):

ADDRESS:

SUBJECT OF REQUEST: Our request is for the annulment of the decision rendered against us in the Istanbul Civil Court of First Instance, case number ……, dated ……, and for a retrial to result in a decision in accordance with our request. Furthermore, since the subject matter of the lawsuit is enforcement proceedings, we request a stay of execution until the appeal review is completed.

EXPLANATIONS:

• The evidence we presented in the lawsuit filed on behalf of my client was not taken into consideration, and a fair and impartial evaluation of this evidence was not made. As a result of this incomplete evaluation of the evidence, the first instance court ruled against my client and awarded compensation.
• In the case file numbered ….. of the Istanbul ( ) Civil Court of First Instance, the fault percentages in the expert report were not taken into consideration, and all the negative consequences of the accident were unilaterally attributed to my client, and it was ruled that the other party should pay compensation.
• In this situation, we are obliged to appeal the final decision rendered by the Istanbul Civil Court. We have paid the necessary appeal fees and expenses, and it has become necessary to request a stay of execution in our favor to prevent our client from suffering further hardship during this process.

LEGAL GROUNDS: Turkish Enforcement and Bankruptcy Law, Turkish Code of Civil Procedure, and other relevant legislation.

 CONCLUSION AND REQUEST: For the reasons stated and explained above,

• We request that our request for a stay of execution be accepted and that the execution of the decision rendered by the first instance court be postponed until the appeal review is concluded
• I respectfully request and demand, on behalf of my client, that the first instance court's decision be reviewed and overturned on appeal.

                                                                                                                        DEFENDANT'S LAWYER

                                                                                                                           NAME SURNAME

                                      TO THE ISTANBUL ( ) ENFORCEMENT LAW COURT

Istanbul ( ) Civil Court of First Instance File No: …… Main Case

Istanbul Anatolian ( ) Enforcement Office File No: ………Essential

Request for postponement of execution.

POSTPONEMENT OF EXECUTION

PLAINTIFF MAKING THE CLAIM:

REPRESENTATIVE:

DEFENDANT:

REPRESENTATIVE:

SUBJECT OF REQUEST: Within the scope of the file numbered ……. of the Istanbul ( ) Enforcement Office  

                                      Our request is for a decision to postpone the enforcement proceedings

                                      It is about.

EXPLANATIONS:

• A court order was initiated against the plaintiff client by the creditor through the Istanbul ( ) Enforcement Office, file number …….Esas, and the enforcement order was served on us on ../../….
• The judgment of the Istanbul Civil Court of First Instance, dated … and numbered ……, which is the basis of the file numbered … of the Istanbul ( ) Enforcement Office, was appealed by us on …/…/…… with a request for postponement of execution.
• Our request for a stay of execution has been noted in the appeal petition, and the relevant document is included in the attached file.
• Following our appeal and the deposit of cash security in the case file, the enforcement office issued a 90-day grace period document to postpone the enforcement proceedings.
• To prevent our client from suffering any loss of rights, we request that the enforcement proceedings be suspended until a final decision is reached regarding the relevant dispute.

LEGAL GROUNDS: Enforcement and Bankruptcy Law (Articles 33-39 and all other articles), Code of Civil Procedure, and other relevant legislation.

EVIDENCE:

• Istanbul ( ) Enforcement Office, File No. E
• Expert report
• The marginal note given in the file numbered … of the Istanbul ( ) Civil Court of First Instance,
• Grace period certificate and all necessary legal evidence.

APPENDICES:

• Grace Period Certificate
• Marginal Note
• Expert Report

CONCLUSION AND REQUEST:

For the reasons explained above and those that your esteemed court may determine ex officio,

1- The enforcement proceedings initiated against the plaintiff client are hereby suspended

2- We respectfully request and demand, on behalf of our client, that the court order the opposing party to pay the court costs and attorney's fees.

PLAINTIFF'S ATTORNEY

NAME SURNAME

 

(PREPARED BY: Student Selin MUTLUTÜRK)