İTİRAZIN KALDIRILMASI DAVASI

The way to remove the objection is a method employed by the creditor against the debtor who objects to the execution proceeding. Summary execution aims to quickly and simply collect the debt, and the method of removing the objection is a way to quickly eliminate objections within the summary execution procedure.

In order for the creditor to apply for the removal of the objection, the debt being enforced must be based on at least one of the documents specified in Articles 68 and 68/a of the Enforcement and Bankruptcy Law (EBL). The removal of the objection is not a lawsuit but a method within the summary execution procedure for evaluating objections. The enforcement court conducts an examination under the simplified trial procedure, but it must be conducted with a hearing.

How to Apply for Removal of Objection:

The method of removing the objection is not a lawsuit but a procedure within the summary execution. Therefore, a request for the removal of the objection is made to the enforcement court through an application.

Parties Involved in the Removal of Objection:

The removal of the objection is requested by the creditor from the enforcement court for the removal of the objection of the debtor who objected to the payment order within the specified period. In this case, the person requesting the removal of the objection is the creditor, and the opposing party is the objecting debtor.

Competent and Authorized Court for Removal of Objection:

The competent and authorized court for the removal of the objection is the enforcement court affiliated with the enforcement office where the execution proceeding was initiated.

Timeframe for Removal of Objection:

The creditor must request the removal of the objection from the enforcement court within six (6) months from the notification of the objection to the creditor. The six-month period is a statute of limitations, and if the application is not made within this period, the enforcement court examines it ex officio and rejects the request due to the expiration of the time limit without going into the substance of the matter.

Methods of Removal of Objection:

The method of removing the objection is divided into two categories: removing the objection definitively if the debt is objected to and removing the objection temporarily if the signature is objected to.

Definitive Removal of Objection:

If the debtor has objected to the debt, and the creditor can base the subject matter of the execution on one of the documents specified in Article 68 of the EBL, the creditor can apply for the objection to be definitively removed. For the creditor to request the objection to be definitively removed, the execution must be based on a signed document with an amount of money, a notarized document with a signature, or a document issued by an official authority or competent authority in accordance with their authority and procedures.

Signed Document:

If the execution is based on a signed document representing a certain amount of money, and the signature on the document is acknowledged by the debtor, the creditor can request the objection to be definitively removed by proving their claim.

Notarized Document:

If the execution is based on a document with notarized signatures containing an unconditioned and unconditional debt acknowledgment, the creditor can request the objection to be definitively removed by proving their claim.

Document Issued by Official Authority or Competent Authority:

If the execution is based on a document prepared by an official authority or competent authority in accordance with their authority and procedures, the creditor can request the objection to be definitively removed by proving their claim. In such cases, the document must relate to a monetary debt and entail an unconditioned, unconditional obligation to pay.

Court Decision on Definitive Removal of Objection:

The enforcement court can either reject or accept the request for the definitive removal of the objection. In case of rejection, if the court finds that the debt claimed in the execution is not justified, the objection is rejected, and the creditor is sentenced to pay a minimum of twenty percent (20%) of the requested amount as compensation to the debtor. If the request is accepted, the creditor can continue with the execution by presenting the court decision to the enforcement office.

Temporary Removal of Objection:

If the execution is based on a promissory note, and the debtor objects to the signature, the creditor can temporarily remove the objection if the execution is based on a promissory note. In such cases, the debtor must declare their objection to the signature within seven (7) days of receiving the payment order. If the objection is not raised, the signature is considered valid, and the creditor can continue with the execution.

Temporary Removal of Objection Procedure:

The competent and authorized court for the temporary removal of the objection is the same as for the definitive removal of the objection. The timeframe for temporary removal of the objection is six months from the notification of the objection to the debtor. The enforcement court examines the matter ex officio if the application is not made within this period.

The enforcement court can either reject or accept the request for the temporary removal of the objection. If the request is rejected, the debtor is ordered to pay a compensation of at least ten percent (10%) of the claimed amount to the creditor. If the request is accepted, the creditor cannot continue with the execution until the temporary removal of the objection is lifted.

In conclusion, the method of removing the objection provides a mechanism for creditors to swiftly address objections raised by debtors during execution proceedings, ensuring the efficient enforcement of claims.

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.