Suspension of Execution, Postponed Execution and Certificate of Extension
In obligations law relations, there are various legal ways for the creditor to collect his receivables. One of these ways is enforcement proceedings. Enforcement proceedings are a legal process that allows the creditor to collect his receivables from the debtor.
However, in some cases, the debtor has legal rights to suspend or delay enforcement proceedings. These rights are regulated by the concepts of stay of execution and postponed execution.
What is Suspension of Execution?
Stay of enforcement means temporary suspension of enforcement proceedings by court decision, even though the enforcement proceedings are initiated by the creditor. There are various legal reasons for suspension of execution. Some of these reasons are:
• Objection of the debtor: If the debtor objects to the enforcement proceeding, the court may decide to suspend the enforcement to examine the objection.
• Payment of the debt: If the debtor pays the debt subject to enforcement proceedings, the enforcement proceedings stop automatically.
• Court decision: The court may decide to suspend the execution for various reasons.
What is Postponed Execution?
Postponed enforcement means delaying enforcement proceedings for a certain period of time. There are various legal reasons for postponed execution. Some of these reasons are:
• The debtor needs time to pay his debt.
• The debtor tries to reach an agreement with the creditor.
• Debtor to take legal action
Postponed enforcement decision may be requested from the court by the creditor or debtor. The court examines the request and decides whether to grant a postponement of execution.
What is a Mehil Certificate?
The grace period document is a document obtained from the enforcement office before applying to the court for a postponed enforcement decision. The deferment certificate gives the debtor a certain period of time to take a postponed enforcement decision. This period is usually 90 days.
If the debtor does not take a postponed enforcement decision within the period specified in the time limit document, enforcement proceedings will continue.