ERDEM-NEWSLETTER-2018-metin
291 ENFORCEMENT AND BANKRUPTCY LAW National Judiciary Informatics System (NJIS), and the execution of the same until the seizure phase. Execution proceedings with respect to the receivables arising from subscription agreements create serious intensity at the execution offices. The intention of new system set forth in the law is to decrease the physical intensity at the execution offices. The receivables, subject to the follow-up, shall be amongst the monetary receivables defined in the Law and pursued through an at- torney. The Central Pursuance System will be created within the NJIS in order to provide the follow-up transactions, electronically. The creditor’s attorney fills out the execution request form provided at the Central Pursuance System to initiate the execution proceedings. For execution proceedings that are within the scope of this Law, a Central Pursuance System fee is charged; there is no fee for an execu- tion application or a collection fee. Following the registration of the execution request in the system, a payment order is drawn up. The unit of the PPT that receives the payment order through the system serves the payment order on the debtor pursuant to the Notification Law provisions. If the Debtor is amongst the persons upon whom the notification is to be served, electronically, the provisions regarding the mandatory electronic notification are applied. The debtor may object to the payment order at any execution office within seven days follow- ing the service of the payment order. The execution office uploads the document regarding the objection within two days, at the latest, and sends the original to the execution office, which the creditor identified in its execution request. The objection may also be made through the Central Pursuance System by using a secure electronic signature. The objection is considered to have been served on the creditor’s attorney at the end of the fifth day following the registration of the objection in the system. Therefore, at this point, the files must be diligently fol- lowed by the creditor’s attorney. If the payment order is not objected to, or the payment is not made in time despite the cancellation of the objection, upon the request made by the creditor before the competent execution office, the execution shall proceed pursuant to the related provisions of Execution and Bankruptcy Law (“EBL”) numbered 2004. If the execution proceedings continue, and if the bailiff determines that the receivable is within the scope of this Law, the payment order
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