HOW IS AN APPEAL AGAINST ENFORCEMENT PROCEEDINGS FILED?

As reasons for objecting to the debt, such reasons as the fact that the debt was never born, the debt expired later, the debt was not due (the payment date has not yet arrived), the same person already has a tracking of the same debt or receivable (derderstlik), the borrower who has been given an incapacity certificate has not acquired new property can be put forward. But there is no obligation to give any reasons in case of objection to the debt. When challenged, the follow-up will stop and no foreclosure process will be made. In order for the foreclosure process to be completed, this appeal must be canceled by filing a lawsuit in court. This case is also called “case of cancellation of appeal” in the literature.

An objection to enforcement proceedings can be made by submitting an appeal petition to the enforcement agency, as well as by attaching a record in the enforcement agency. The main thing is that this appeal is filed within 7 days after the date of receipt of the notification. Otherwise, although the debtor may object to the enforcement proceedings, this objection will not have any consequences.

If the appeal against enforcement proceedings is filed at the authorized enforcement agency, the enforcement agency will not charge any fees. That is, the appeal to the enforcement proceedings is free of charge. However, if it is made in an unauthorized enforcement agency and the appeal is requested to be sent to the authorized enforcement agency, the unauthorized enforcement agency where the appeal is made will ask the objecting borrower for postage costs.

An appeal to enforcement proceedings can also be filed in the form of a partial appeal. In other words, if the borrower accepts that he has a debt, but thinks that this debt is less than the amount written in the payment order, he will be able to object to the part of the debt that he thinks is excessive. In this case, the follow-up stops for the contested part. But for the part that is not contested, the pursuit can be continued, foreclosure proceedings can be initiated.

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