Payment orders
Big companies make big money off of small claims. Sometimes you simply don’t keep the papers after terminating a utility agreement (such as cable TV) or simply don’t keep the receipts of payment for a payment. A long time later, you receive a letter stating that you have not fulfilled your obligations. You ignore this because you know that you have terminated the contract and paid all outstanding bills.
In a couple of months, you receive a payment order for a small amount, let’s say TL 200, and if you don’t contest the claim or submit your defense against the payment order in writing within the time limit, then you must either jump through many hoops to cancel the payment order or simply pay the amount claimed and get rid of this pain in the neck.
Deadline for objection against a general payment order:
The deadlines are different for different types of payment orders. For general payment orders, you have a seven-day deadline, starting from the delivery of the payment order, to appeal the order. A lack of response to the payment order will be considered tacit acceptance. In other words, if you receive a payment order and do not appeal or protest it within seven days, the execution office shall accept the claim of the other party without any further questions, and you will be treated as being in debt. The other party shall be called “creditor” and you will be called “debtor” until the end of the process.
How and where should I appeal or protest?
You should apply to the legal body (official collection office) stated in the payment order. Please take the original copy or at least a copy of the payment order with you.
I would like to underline that this matter needs professional assistance as it is a procedural matter which needs skills and expertise. I strongly recommend you make the objection with the assistance of a lawyer. You can find an independent lawyer through the Internet simply by searching your city name + “bar association.” If you have to do it yourself, please make sure that you clearly state what you contest in the payment order — the amount, the interest rate, the signature or all of the above. From a legal point of view, you don’t have state any reasons for your objection to this payment order. The collection process will be paused but still be pending. There is a one-year pause period, during which the creditor is able to file a lawsuit to cancel your objection; if the creditor does not move forward, the process will end after the one-year period.
What happens if I miss the deadline? After missing the deadline, the outstanding amount becomes due and collectible via the official collection department.
What happens if I was abroad when the payment order was delivered? Is there any extension? The law provides an extension for the debtor to make an objection in some cases such as having a serious health problem at the time of the payment order delivery, being abroad, etc. However, this is an exception, and it is subject to various parameters.
What should I do if I actually don’t owe anything to the person who asks for this payment but I missed the deadline?
Since the outstanding debt has become collectible, you either have to pay the debt or start a lawsuit against the creditor. It is also possible to start a lawsuit to recover the unlawful payment after paying the debt.
What if I missed the deadline for the disclosure of assets? Will I be prosecuted?
IMPORTANT: If you have already missed the seven-day objection period, you are obliged to submit a list of your assets (within the limit of the outstanding amount). The deadline is 10 days starting from the delivery of the payment order (and not seven days + 10 days) Otherwise, the creditor can start an action in criminal court, which becomes another issue to solve.
The charges related to nondisclosure of assets will be withdrawn upon payment of the outstanding debt.
You may avoid big costs by consulting a lawyer if you receive any notification from a legal body or a third party rather than relying on the translation of the notification.
Finally, I would like to underline that a payment order is not likely to be sent very frequently and therefore there is nothing to worry about and you may keep living in peace.
Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ info@berkcektirlaw.com
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