İTİRAZIN İPTALİ DAVASI

If an objection is raised against the enforcement proceeding initiated to collect your receivables, what should you do to collect your receivables?

The action for annulment of the objection is filed by the creditor against the debtor who objected to the payment order. The court evaluates the debtor's objection, and if the objection is annulled, the enforcement proceeding continues from where it left off. As the objection can be annulled by a court decision, the case is referred to as the action for annulment of objection.

How to Initiate an Action for Annulment of Objection?

By its legal nature, the action for annulment of the objection is a matter of performance. Therefore, it is filed like a regular legal case according to the Law of Civil Procedure.

Parties in the Action for Annulment of Objection

The action for annulment of objection is initiated by the creditor against the debtor or debtors who objected to the payment order within the legal period. In this case, the plaintiff is the creditor in the enforcement proceeding, and the defendant is the debtor objecting to the payment order in the enforcement proceeding.

Competent Court in the Action for Annulment of Objection

The competent and authorized court in the action for annulment of objection is determined according to the Law of Civil Procedure. However, attention should be paid to whether there is a jurisdictional requirement in the legal basis of the debt relationship subject to the enforcement proceeding.

Authorized Court in the Action for Annulment of Objection

The authorized court in the action for annulment of objection varies according to the legal nature between the parties.

Therefore, it should be evaluated whether the relationship between the parties is related to a lease relationship, commercial relationship, a relationship falling within the jurisdiction of a special court, or arising from an arbitration agreement.

The primary courts are responsible for hearing actions for annulment of objection.

If an enforcement proceeding related to a lease relationship is involved, the peace courts have jurisdiction.

Commercial courts have jurisdiction over actions for annulment of objection that have the nature of commercial cases.

If an enforcement proceeding falls within the jurisdiction of special courts due to the nature of the debt relationship, the relevant special court is competent. (labor court, consumer court)

In case of an arbitration agreement concluded between the parties and an unpaid receivable subject to the enforcement proceeding due to the contract, the action for annulment of objection must be filed with the arbitrator.

Time Period in the Action for Annulment of Objection

The creditor must file the action for annulment of objection against the debtor who objected to the enforcement proceeding within 1 year from the date the objection was served, with the reservation of the provisions regarding provisional attachment. If the action for annulment of objection is not filed within one year, the enforcement proceeding will be dismissed.

Consequences of the Action for Annulment of Objection

The court hearing the action for annulment of objection may accept, partially accept and partially reject, or reject the case.

• Rejection of the Case

If the court concludes that there is no debt subject to the enforcement proceeding, it rejects the request for annulment of the objection. With the finalization of the rejection decision, the enforcement proceeding terminates.

If the court concludes that the creditor initiated the enforcement proceeding with bad faith,

the court may order the debtor to pay at least twenty percent (20%) bad faith compensation to the debtor.

• Partial Acceptance and Partial Rejection of the Case

The court may decide to annul the objection to a portion of the debt subject to the enforcement proceeding and accept the objection for the remaining portion. In this case, the enforcement proceeding will only continue based on the amount specified in the court decision. The creditor must submit the court decision to the enforcement office.

• Acceptance of the Case

If the court concludes that the debtor owes the debt, it rules to annul the objection to the enforcement proceeding. The enforcement proceeding continues by the creditor submitting the court decision to the enforcement office.

This article contains general information within the framework of the legal system of the Republic of Turkey and does not contain information regarding specific disputes.