Suspension of execution, in other words, postponement of execution proceedings initiated on the basis of a verdict or a document in the nature of a verdict, is the suspension of the execution process until the end of the appeal or the file in the appeal, with the decision of the debtor to postpone the execution to be received from the court of appeal or appeal by depositing a certain guarantee in the execution file.
Postponement proceedings are regulated in Article 33 of the Enforcement and Bankruptcy Law. According to this article:
“After the notification of the enforcement order, the debtor may appeal to the enforcement court with a petition within seven days, claiming that the debt is time-barred or destroyed or redeemed. If the claim for redemption or destruction is made ex officio or duly certified by the competent authorities or is confirmed by a deed acknowledged in the enforcement office or the enforcement court or before the court, the execution is suspended.”
Conditions of Postponement:
In order to be able to take a decision to suspend the execution, the phrase “Delay of Execution” or in other words “Delay of Execution is Demanded” must be included in the petition while appealing or appealing the case that is the subject of the judgment.
The decision of the court of first instance must be duly notified to the other party.
The security deposit must be deposited in the execution file together with the quarterly interest.
Process in the Delay of Execution:
In order to be able to take a decision of deferment, first of all, the proceedings initiated with a verdict or a document in the nature of a verdict must be duly notified to the debtor party. After the notification has been made, the debtor must first receive “at the end” that the decision of the court of first instance, which is the basis of the enforcement proceedings, will be appealed/appealed. Darkenar is a decision given that the decision of the court of first instance is appealed/appealed. In the next step, the debtor must deposit the current debt in the file, together with the guarantee that covers the three-month interest of the current debt. This guarantee can be in cash or in the form of a letter of guarantee received from the bank. In order to learn the full amount of the guarantee, the debtor’s request for a cover (file) account must be submitted to the execution file. In this cover account, the principal receivables, fees, interest fees and attorney’s attorney’s fees are calculated collectively.
The debtor, who deposited the guarantee and received the certificate, should then obtain a certificate of grace from the execution file. The grace certificate is the document showing the time taken to bring the decision to suspend the execution. If the debtor’s collateral is appropriate, he will apply to the enforcement office and receive a sixty-day grace certificate to bring the decision to postpone the execution. In this process, with the decision to suspend the execution, the execution file will remain until the Supreme Court of Appeals approves or reverses the file. If the debtor cannot bring the decision to suspend the execution from the Court of Cassation within this period, he may apply to the enforcement office again and request an additional thirty-day grace period. If the debtor does not make a decision to postpone the execution within this additional period, the creditor will be able to request the deposited security from the enforcement office for the purpose of collecting his debt.
After all these stages are completed, it is necessary to apply to the authority of appeal or appeal with a petition stating that the security has been deposited in the enforcement file and a certificate of grace has been given, in order to make a decision of postponement. With the Delay of Execution decision to be taken by the debtor from the appellate or appeal authority, the execution file will be stopped completely and no action will be taken to collect the debt until the decision of the first instance court is given. If the appellate or appellate authority overturns the decision, the debtor will be able to take back all the money he has deposited as collateral from the enforcement office. If the decision is upheld by the court of first instance, this time the creditor will collect the amount deposited as security in the execution file.
