What is Stay of Enforcement?

Stay of enforcement is a request to temporarily stop the enforcement of a finalized judgment. Within the scope of BL Article 36, it can be requested at the appeal or cassation stage on condition of depositing a 10-15% guarantee to prevent the possible grievance of the creditor. This institution aims to prevent the grievance of the debtor if the judgment is unjust.

Stay of Enforcement Conditions

• There must be a finalized or non-finalized judgment
• An appeal or cassation application must have been filed against the decision
• The debtor must deposit a guarantee
• Damages difficult to reverse must occur if the decision is enforced

Guarantee Amount

The debtor requesting stay of enforcement must deposit a cash guarantee of 10-15% of the debt amount or an equivalent bank guarantee letter. In some cases, the judge may determine the guarantee lower.

Types of Stay of Enforcement

1. Stay of Enforcement at the Appeal Stage

After the decision is made and an appeal is filed, stay of enforcement is requested at the regional court of justice.

2. Stay of Enforcement at the Cassation Stage

It is applied when going to cassation at the Supreme Court after the decision of the regional court of justice.

3. Stay of Enforcement in Constitutional Court Individual Application

The CC can also decide on stay of enforcement as an interim measure in individual applications. Especially if irreversible damages will occur.

Cases Where Stay of Enforcement Is Not Granted

• Stay of enforcement is not granted as a rule in alimony cases
• It is not applied in interim measure decisions
• It is not possible to stay the divorce decision in terms of "divorce"
• It is applied very narrowly in eviction decisions

When Is the Guarantee Refunded?

If the decision is in favor at appeal or cassation, the guarantee is refunded. If it is against, the guarantee is paid to the creditor and enforcement continues from where it left off.

As Elazığ Law Office

In the stay of enforcement process, we provide our clients with services in: preparation of stay of enforcement petition, guarantee process, coordinated follow-up with appeal-cassation applications and representation in the court process.