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A Notification Document Came From the Courthouse?

Started by admin, November 28, 2018, 10:25:54 PM

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A Notification Document Came From the Courthouse !

Every "document" which comes from the courts, public prosecution
office or civil enforcement offices is sent to inform you about an
official process. The document which is sent by these authorities is
called "notification".

What should I do when a letter is sent by the courthouse?

When you read the letter carefully, you will see it contains all the
necessary information. If you think that the information in the
document is complicated or incomprehensible, you can ask advice
from a lawyer. If you take the notification and go to the courthouse,
the Information Desk staff will help you as well. Keep in mind that
every document sent by the courthouse is sent for an official purpose
and most probably, it is a time limited document.

What is the notification for?

The notification is sent in order to inform you on a judicial process.
The State informs you when your testimony or help is needed
concerning an issue which may be against or in favour of you and
expects you to protect your own rights or tell about your information
or experiences or submit your complaints. Do not forget that the
notification may be about any subject. The notification may be sent
for various reasons such as inviting you to the court as a witness,
informing you that an enforcement (seizure) procedure has been
initiated against you because of your unsettled debt or informing you
on the date of a hearing and so on. The court or authority which
sends the notification or its purpose is indicated on the document.
Please read it carefully.

How can I understand who sent the notification?

The name of the sender is written on the top left corner of the
notification. For instance, the 2nd Civil Enforcement Office of
Istanbul or Civil Court of First Instance of Ankara. Furthermore,
there is a number indicating the type of action. This number is called
registration number.

What is registration number?

The courts give a separate number for each file in order to carry
out the proceedings in an organised way. This number is called
registration number and abbreviated as "E". There is a simple logic
behind this number. The first part of the number shows the year in
which the case is filed and the second part indicates the sequence
number of that case among all the cases filed in the same year. It
is indicated in this way: "E:2019/20" or "E:19/20". Since each court
gives a separate number, the files are named with the name of the
court. For instance, Assize Court of Istanbul E:2018/2020.

What should I do with the notification?

You must keep the notification. You will need the information on it.

I received the notification, what if I do not do anything?

There is a wide-spread misperception among the society that "judicial
process does not start, if I don't do anything although I receive the
notification". Whatever you do, do not make the mistake of doing
nothing after you receive the notification. When the notification finds
you, the judicial action starts. Keeping silent means you endanger
your own rights. In civil courts, when you do not respond to the
lawsuit against you, it is supposed that you deny all the claims.
However, when you do not follow the case, it means that you waive
many of your rights such as submitting evidence to the court and
responding to the evidences presented by the other party. In case
you do not do anything after receiving notifications such as "payment
orders" from civil enforcement offices, it may result in various
losses of rights.

What happens if I do not take any action?

Keep in mind that the State does not let the things be delayed. Each
action has its own duration. The moment you receive the notification,
the duration of that certain action starts. You may lose your right to
object, you may lose your rights, you may get into debt, you may be
assumed that you accept the debt, even in some cases you may be
taken by force by the police.

They left the notification to the neighbourhood governor, what if I do
not receive it?

If you are not at home, an information paper is left to the door and the
notification is left at the office of the neighbourhood governor. The
day on which the notification is left to the neighbourhood governor
shall be assumed as the date you receive it. Even if you do not receive
it physically, the legal process starts. All undesirable circumstances
which are mentioned above may happen to you.

They sent the notification to my previous address; I was not informed
about it!

In case of a change of address, it is your responsibility to declare the
new address to the relevant authority. If you do not declare your new
address, the notification is sent to the address which is registered in
the Civil Registry Office. Therefore, you should always submit your
updated address to the Civil Registry Office.
Even if you have never resided in or moved from the address
registered in the Civil Registry Office, the notification letter is given
by signature either to the head of district - a member of the district
council or municipal police commander - officers. Furthermore, the
delivery address is written on the notification letter and this letter is
taped on the door of the concerned address. The date on which the
notification is taped to the door is regarded as the notification date.
In case you have no registered address in the Civil Registry Office,
a copy of the notification is left to the door of the previous address
and that date is regarded as the notification date. After this date,
notifications made to your previous address are deemed to be made
to the addressee.