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LAW OF CIVIL PROCEDURE
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When the debtor objects to the execution proceeding, and the creditor
company applies for removal of the objection to receive the credit quickly,
the question of whether or not a confirmation letter is a document that falls
within the meaning of Article No. 68 of the Enforcement and Bankruptcy
Code (“EBC”) comes to the fore.
Confirmation Letters and Article No. 68 of the EBC
Removal of objection is a short, quick and cost effective procedure that
allows a creditor to receive a claimed amount via an execution proceeding
by applying to execution courts. Therefore, it is possible to apply for
removal of objection if the creditor has a document that falls within the
scope of documents mentioned in Articles 68 and 68/A of the EBC. At this
point, the confirmation letter, which is submitted to the execution file by
the creditor of the current account, must be evaluated to determine whether
or not it is a document that falls within the scope of Article No. 68.
Article No.68/1 of the EBC reads as follows:
“The creditor, whose execution request has received an objection,
may claim for removal of the objection within six months from
receipt of the objection if its execution proceeding is based on
a bond that includes debt acknowledgement and its signature is
acknowledged or notarized, or a document or receipt, which is
duly issued by a governmental or other competent authority.”
The creditor must have a document that meets the requirements
mentioned in Article No. 68 of the EBC for the removal of the objection
by the court of execution. The legal characterization, content and the
signature in the document becomes very important.
Therefore, the signature at the confirmation letter must be evaluated.
It is beyond dispute that to evaluate a document under the guise of Article
No. 68, the document must be signed by the person or the authorized
signatory of the debtor company in order be submitted as evidence against
that debtor company.
Even though the confirmation letter is prepared by the account
service of the company, this does not mean that this letter includes debt
acknowledgement that meets the conditions of Article No.68.