APPLICATION OF MULTIPLE RECEIPT OF LIEN DELIVERY FEE
A fee is a money received by the State in exchange for a service performed. Judicial decisions and doctrine
considering the evil eye, the fee is considered a kind of tax.
The fact that fees can be charged for a public service depends on the definition of this service by law and the fact that
regulations on the receipt of fees related to the issue must also be included in the law
depends. Because the tax is set by the law and is taken by the law.
In recent days, especially in enforcement directorates, enforcement bankruptcy, foreclosure, sales fee, collection fee,
it is seen that there is no unity of practice regarding renunciation fees.
In particular, in the form of a lien delivery fee to each address, a separate sales fee for the sale of each parcel
or that they receive lien delivery fees even from sales made in the apartment, in the courthouse
will be seen. The Ministry of Justice, on the other hand, is usually in terms of ensuring unity of practice in this regard
it generally expresses an opinion that the decision made by the judicial authorities should be based on.
Our today’s review topic will be the application of foreclosure delivery fee and,
the problems in practice will be discussed and finally the Supreme Court will decide on the 12th.The decision made by HD
in parallel, how to get the lien delivery sales fee and in which cases not to get it
we will examine the need.
127 and 128 of the Law on Fees No. 492. in its articles, this law stipulates the contrary
unless it is found, the fee will not be processed unless all fees are paid in advance, and
the officer will be responsible for the operations performed without replenishing the necessary fees
, although it was stated that taxpayers and civil servants will be jointly responsible, dated 8/5/1991 and numbered 3717
providing Road Expenses and Compensation to Numbered Judicial Personnel and Those who Follow State Cases
with Regard to the Repeal of an Article of the Law on Fees No. 492
2 Of the Act. in its article, “For every discovery and execution operation that must be carried out outside the apartment;
judges, public prosecutors, military court officers, medical examiners, bailiffs
to the officers authorized to carry out enforcement operations with their managers and assistants, to the Treasury
their lawyers, department supervisors authorized to follow up cases in provinces and districts that do not have a Treasury lawyer, and
persons authorized in accordance with the Cadastral Code No. 3402 (275); editorial directors,
a social worker, psychologist assigned on the decision of a judge or public prosecutor
and pedagogues, civil servants working in the judicial services, police clerks and criminal
and other judicial and administrative judicial personnel, except for the staff of the execution institution (200);
as a result of multiplying the indicator figure for bailiffs and servants (150) by the officer’s monthly coefficient
road compensation is paid to the amount that will be found….” the provision is contained in the. Suddenly your job is seen
in case of excess, the road expense is paid in proportion to the distance.
In practice, bailiffs are usually
1) If there is more than one parcel in the valuation, a separate fee for each parcel
2) Multiple liens for the same day and time departure of the debtor’s file on the same day
they have established a transaction in the form of receiving more than one mortar on the basis of the transaction
3) If there are more than one parcel sold, they receive a separate fee for the sale of each parcel
4) Foreclosure delivery sales for sales made in the front of the courthouse, the courthouse garden, the executive office room
it is seen that they have received their allowance.
However, how should the application be:
As is known, in Article 2 of the Law on Fees No. 492; there is a mention of judicial proceedings
the provision that those written in tariff (I) related to the relevant Law are subject to judicial fees
it has been taken under control.
Section 20 of the Law No. 6009 on the section entitled “Enforcement and Bankruptcy Fees” of the mentioned tariff
effective from 1/8/2010 with the article “III. Lien, delivery and sale fees”
the amount of the said fee has been added to the Article 138 of the Law No. 492 in duplicate
in accordance with the General Communiqué of the Law on Fees No. 63 Serial, as 56.85 TL for 2013
it has been determined.
The fee is the money collected in exchange for a transaction or a service provided, and the amount of the transaction
it is born together with the realization. As a matter of fact, according to Law No. 6009 and Law No. 492
as a result of the arrangement made in the linked tariff, the officer outside the executive office is
it is envisaged that fees will be sought for each execution and bankruptcy transaction to be executed.
If more than one parcel of real estate is sold from the same file by the same borrower, only 1
the sales fee must be taken upon delivery of the foreclosure units. In the same way, the same borrower is on the same day and time
valuation or actual valuation of more than one parcel in more than one file
it is necessary to take a single fee for liens.
In addition, sales are made in the courthouse, in the courthouse yard, in the executive office room
it is also contrary to the content of the law to receive fees. Because the executive director outside the apartment is a transaction
has not established. Each execution to be carried out by an officer other than the mortar enforcement department and
it is envisaged that fees will be sought for the bankruptcy process.