In enforcement tender, the sales announcement and notification procedure are very important. Deficiency will lead to the cancellation of the tender.
Things to be Done
- Announcement in the local newspaper (1 month ago)
- UYAP announcement
- Hanging on the billboard in the enforcement office
- Notification to the address of the parties
Things to be Included in the Announcement
- Description of goods/immovable property (title deed, plate)
- Value (expert)
- Auction date and time
- Place (enforcement office)
- Conditions
- Guarantee for participation in the tender
Notification Irregularity
- Wrong address
- Notification when the recipient is not present
- Signature deficiency
- Failure to give reasonable time after notification
Tender Cancellation
If notification/announcement irregularity is detected, it is canceled with the case of termination of the tender.
Supreme Court 12. HD
12. HD accepts that the sales announcement should be made in "newspapers that local people can read", and that advertisements in newspapers that exist on paper but are inaccessible are insufficient.
Practical Recommendations
- Verify the notification date and address
- Immediate complaint if there is a deficiency (7 days)
- Those who want to participate in the tender, examine the advertisement carefully
Enforcement lawyer recommended.