What happens when the developer of a purchased property keeps delaying handover? - Q&A - Legal Advice Middle East

Question

Q: I paid AED 25000 as the first installment in 2017 for apartment. Now more than two years gone, they didn’t refund my money and they are not responding… A: If there is no objection to the claim or payment of the debt (within seven days following a service), the claim is considered to be certified…

أمير أقصوي · Accepted Answer

Subject to debt collection procedures in Turkey, there is generally a claim whether based on an independent legal promissory note or not. And if the claim is not based on a legal note [such as a banking cheque, promissory note, an independent and assignable confirmed acceptance of debt by debtor... etc. for instance a contract commitment breach or nonpayment of an invoice will fall under a no legal note category], there could be an objection by the debtor against the filing after service of process (execution notice sent by the execution offices of Court). If there is no objection to the claim or payment of the debt (within seven days following a service), the claim is considered to be certified (finalized) and the execution procedure proceeds with the attachment of assets and properties of the debtor for the purposes of collection. In case of an objection to the debt (full or partial objection), the claiming party (the creditor) may apply for a legal procedure (a motion) to the execution court for removing such an objection (which turns into full-length commercial litigation in cases, where the debt is not clear and/or based on contractual default etc.). If the debtor raises such objections to the execution filing and if later those objections are found to be groundless, then the debtor is penalized in the creditor’s favor raising the debt amount starting by 20%. Either following such removal of objection or after the certification of debt, the procedure finalizes with the legal sale of assets and properties of the debtor for the actual collection in favor of the creditor. However, please also note that this execution procedure mentioned above is for a direct execution claim. For more info regarding your case and our fees for debt collection, you can contact our law firm or me through email.

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