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.

Looking for legal support?

We provide professional service in this area as Elazığ Law Office.

Who is an Elazığ Divorce Lawyer?

Divorce Cases are heard in Family Courts. Attorneys in Elazığ who deal with cases constituting the subject of Family Law such as Uncontested Divorce, Contested Divorce, Alimony, Custody Cases heard in Family Courts are called Elazığ Divorce Lawyers.

Who is an Elazığ Family Lawyer?

Attorneys operating in Elazığ who provide legal and consultancy services in matters within the jurisdiction of Family Courts (divorce, custody, alimony, material and moral compensation, adoption, lineage, property regime, etc.) are known as Elazığ Family Lawyers.

How Can I Reach a Divorce Lawyer in Elazığ?

You can reach an Elazığ Divorce Lawyer through the contact information on our website. Consultation requests are also accepted from Palu, Kovancılar, and Karakoçan districts.

What to Consider When Choosing a Divorce Lawyer in Elazığ?

It is important that the Elazığ Divorce Lawyer has gained experience in cases previously heard in Family Courts. Applications are also accepted from Baskil and Sivrice districts.

How Are Elazığ Divorce Lawyer Fees Determined?

Elazığ Divorce Lawyer fees are determined by mutual agreement between the Attorney and Client based on the specifics of the case and estimated workload, provided they do not fall below the minimum amount set by the TBB.

Who is an Elazığ Criminal Lawyer?

An Elazığ Criminal Lawyer is an attorney operating in Elazığ who specializes in Criminal Law. Criminal case consultancy is also provided from Maden, Keban, and Karakoçan districts.

How Do I Find the Best Criminal Lawyer in Elazığ?

The Best Criminal Lawyer in Elazığ is an attorney who knows and fulfills the requirements of legislation within professional ethics, and protects clients' interests to the fullest extent.

How Are Elazığ Criminal Lawyer Fees Determined?

Elazığ Criminal Lawyer fees are determined by the Attorney based on the status of the file, provided they do not fall below the Minimum Fee Schedule. Fee information is also available from Kovancılar and Palu districts.

Which Districts Does Elazığ Law Office Serve?

Elazığ Law Office provides legal and consultancy services primarily in the central district, as well as in Kovancılar, Karakoçan, Palu, Baskil, Sivrice, Keban and Maden districts.

Who is an Elazığ Inheritance Law Attorney?

An Elazığ Inheritance Law Attorney is an expert attorney serving in Elazığ in inheritance law cases such as obtaining certificates of inheritance, refusal of inheritance, partition (izale-i şuyu), annulment/execution of wills, reduction lawsuits and inheritor collusion. Consultancy is also provided for inheritance rights of foreigners in Turkey.

Who is an Elazığ Administrative Law Attorney?

An Elazığ Administrative Law Attorney represents those harmed by acts of public institutions and is expert in annulment lawsuits, full remedy (compensation) lawsuits, administrative fine objections, civil servant disciplinary proceedings and expropriation cases. The deadline to file a lawsuit against an administrative act is 60 days.

Who is an Elazığ Tax Law Attorney?

An Elazığ Tax Law Attorney is experienced in objections to tax/penalty notices, annulment lawsuits at tax court, taxpayer representation in settlement negotiations and Tax Procedure Law Art. 359 tax evasion cases. The deadline to file a lawsuit after a tax notice is 30 days.

Who is an Elazığ Cybercrime Attorney?

An Elazığ Cybercrime Attorney represents both victim and defendant sides in cases of social media defamation-threat, account hijacking, internet fraud, cryptocurrency fraud and cyberbullying. Comprehensive service is provided starting with the digital evidence determination process.

Who is an Elazığ Labor Law Attorney?

An Elazığ Labor Law Attorney is experienced in employee-employer disputes, severance-notice pay, reinstatement cases, service determination lawsuits, overtime claims and work accident compensation. Mediation is mandatory in labor cases and we represent our clients throughout the process.

Who is an Elazığ Enforcement Attorney?

An Elazığ Enforcement Attorney is an expert in debt collection, initiating enforcement proceedings, attachment operations, provisional attachment, sale annulment lawsuits, negative declaratory actions and stay of enforcement requests. Services are provided in all transactions before the Elazığ Enforcement Office.

Who is an Elazığ Real Estate Attorney?

An Elazığ Real Estate Attorney is an expert in title deed cancellation and registration cases, expropriation, unauthorized seizure, zoning disputes, determination of muhdesat ownership and real estate purchase-sale contracts. Real estate law services are also provided in Sivrice, Keban and Baskil districts.

Who is an Elazığ Tenancy Law Attorney?

An Elazığ Tenancy Law and Eviction Attorney is an expert in rent determination cases, rent adjustment, eviction cases, rent receivable collection, deposit return and tenant-landlord disputes. Professional representation is offered both on the tenant and the property owner side.