Do You Have the Right to Complain about the Enforcement Directorate’s Procedures?
If you initiate or continue enforcement proceedings as a debtor or creditor, you may not be satisfied with the Enforcement Office’s actions. In such cases, the law gives you the right to complain.
In this blog post, we will discuss in detail how and under what circumstances you can complain about the Enforcement Directorate’s actions.
Which Transactions Can Be Reported?
According to Article 177 of the Enforcement and Bankruptcy Law, all illegal or irregular actions taken by bailiffs or assistant managers may be subject to complaint. In this context, transactions such as the following can be complained about:
• Illegal notification: Situations such as improper notification, incorrect content of the notification, or failure to notify the authorized person can be reported.
• Irregularities in seizure procedures: Situations such as the seizure process being carried out at illegal hours, the seized property not being seized or the value of the seized property exceeding the amount of the debt can be complained about.
• Irregularities in sales transactions: Situations such as the sale being made at a low price, the sale announcement being irregular, or the buyer not fulfilling the conditions of the tender can be complained about.
• Neglect or abuse of duty by the bailiff or deputy manager: Situations such as the bailiff’s or deputy manager’s failure to comply with legal deadlines, failure to act impartially, or failure to exercise the care required by his/her duty may be reported.
Where to Make a Complaint?
The authority to complain about the Enforcement Directorate’s actions belongs to the Enforcement Civil Court. The complaint must be made to the enforcement civil court where the enforcement office that carried out the action subject to the complaint is located.
How to Make a Complaint?
The complaint must be made in writing. In the complaint petition, the transaction subject to complaint must be explained in detail and the law against which the complaint is being made must be stated. The original or certified copy of the transaction subject to complaint must be attached to the complaint petition.
What is the Complaint Period?
The period for complaining about the Enforcement Directorate’s actions is seven days. This period starts from the date on which the transaction subject to complaint is learned.
What Happens in Case of a Complaint?
After examining the complaint petition and its annexes, the Enforcement Civil Court decides to accept or reject it. If the complaint is accepted, the court may cancel or correct the action complained of. If the complaint is rejected, the complainant may apply to the Supreme Court to annul the decision.
Things to Consider When Complaining:
• The complaint petition must be written clearly and concisely.
• The original or certified copy of the transaction subject to complaint must be attached to the complaint petition.
• The complaint petition must be submitted to the competent enforcement civil court.
• The complaint petition must be submitted within the complaint period.