NEWSLETTER-2017

399 MISCELLANEOUS Legal Proceedings The creditor may nullify an objection to the enforcement proceed- ing without a verdict via filing a lawsuit. However, it does not comply with the principle of legal interest and good faith when a creditor files a lawsuit once again, when he already holds a verdict. Preferring such a way would be unnecessary and would occupy the courts, repetitively. Article 68 of the Law that regulates the other manner to request an annulment of the objection, and counts the documents that are the basis for removal of the objection in a restrictive way (numerus clau- sus), does not include verdicts and documents that qualify as verdicts. This attitude of the legislator demonstrates the will to prevent pursu- ing enforcement proceedings without a verdict, if there is a verdict present 3 . Issues in Practice The only way that a debtor, who is willing to postpone the pay- ment, and be freed from the pressure of attachment during enforce- ment proceedings without a verdict, is to object to a payment order. The practical shortcomings of objection to a payment order are that the debtor cannot benefit from the opportunity of suspension of enforce- ment, and the injustice of the compensation for enforcement denial that shall be awarded as the result of removal or annulment of the objection. At this point, it could be claimed that indebtedness is made certain with a verdict, and one should not object to enforcement proceedings. In that case, the debtor shall be obliged to pay the debt, and therefore, shall be subject to enforcement proceedings, such as attachment, and shall be burdened with additional enforcement costs. On the other hand, if it appears that the court decision was in err, and the person who was regarded as the debtor is not actually in debt, or not in debt in the amount demonstrated by the court, following the reviews of the Court of Appeal or the Court of Cassation, then the debtor shall make an effort towards reimbursement of the paid amount, and the enforce- 3 Aslan; Akyol Aslan, p. 207.