Jan-Feb 2019

Law on Commencement of the Enforcement Proceedings of Receivables Arising from Subscription Contracts

“Law on Commencement of the Enforcement Proceedings of Receivables Arising from Subscription Contracts” (“the Law”) was published in the Official Gazette dated 19/12/2018.

According to this new law, subcontracted enforcement proceedings will be initiated through the Central Monitoring System established within UYAP, which will be presented to the consumer through the subscription contracts and to the consumer. However, the arrangements for the Central Monitoring System will enter into force on 1 June 2019.

The Law covers the execution proceedings regarding the receivables from the goods or services that are presented to the consumer with the subscription contracts regulated in the relevant laws and regulations and followed up with the lawyer.

In order to ensure that the follow-up procedures are carried out electronically, the Central Monitoring System will be established within UYAP. Follow-up will be started and executed electronically via this system.

According to the new regulation introduced, the creditor's lawyer will complete the follow-up request in the Central Monitoring System to initiate enforcement proceedings. A payment order will be issued by the system after the tracking request is registered in the system.

In this proceeding, only the Central Follow-up System fee will be charged.  Apart from this payment, there is no fee to be charged like collection fee or application fee.

According to the practice provisions of this law, the information regarding the closed envelope, which is communicated with the payment order in the form of the Central Tracking Number, will be transmitted to the relevant PTT via the system. The PTT will communicate this information to the debtor. The payment will be terminated when the debit is paid to the account number specified in the payment order, along with the follow-up fees and expenses.

The debtor may appeal to the payment order by applying to any enforcement office. It can also be appealed by using secure electronic signature via Central Monitoring System.

In the event that the payment order is not objected or the debts are not paid despite the reduction of the objection, the execution will be continued upon the demand of the creditor and the sequestration stage will start.

The provisions regarding the follow-up of money receivables arising from the subscription contract shall not be applied to the pending proceedings on the date of entry into force of the Law.

The creditor will be able to question or debit the debtor's goods, rights or credit for 50 Kurus with the information of file shame via information systems integrated with this system via UYAP. This amount will be increased every year. 

Public administrations within the scope of general government will not be charged this fee. The creditor will not be charged for the searches for 5 times (for the same file) within one day.

The creditor will be able to request whether the debtor has property, rights or receivable with the information systems integrated into this system via UYAP without requesting sequestration. However, at the end of the questioning, it is not detailed but can only give a general information whether the goods, rights or the receivables are existed.

Central Monitoring System will be collected in advance in accordance with the Law on Commencement of the Enforcement Proceedings of Receivables Arising from Subscription Contracts.

Application fee or collecting fee will not be charged for the proceedings which are concluded via Central Monitoring System before applying for sequestration.

By means of this regulation, it is expected that almost all of the man-made operations will be done in digital environment. Thus, it is foreseen that the enforcement proceedings will be much more relaxed and will be able to run faster.

Attn. Güniz Çiçek