EBL Article 16: Complaint to the enforcement court is open against the transactions and decisions of the enforcement and bankruptcy offices.
Complaint Subjects
- Wrong seizure
- Notification irregularity
- Missing time
- Calculation error
- Order table inaccuracy
- Value appraisal
Periods
- 7 days (starting from learning)
- In some transactions, always (contrary to public order)
Court
Enforcement court (simple trial).
Decision
- Transaction cancellation/correction
- Civil servant liability (administrative court)
- Compensation rights reserved
Supreme Court 12. HD
12. HD adopts that a complaint to the enforcement court is a "quick solution", but a legal dispute is not entered into, and litigation matters should be referred to first instance law.
Practical Tips
- Prove the date you learned that the transaction was made (record)
- Do not miss the deadline
- The complaint can be filed with a simple petition (a lawyer is not required, but recommended)
Enforcement lawyer recommended.