The Regulation on Assets, Rights or Receivables Inquiry through the National Judiciary Informatics System (“Regulation”) was published in Official Gazette dated 22 January 2022 and numbered 31727 and entered into effect on the same day. With the Regulation, procedures and principles applicable to inquiries on assets, rights, and receivables of the debtors through the National Judiciary Informatics System (“UYAP”) by the creditors within the scope of the execution proceedings are clarified.
With the Law numbered 7251 on the Amendments to the Code of Civil Procedure and Certain Laws published in Official Gazette dated 28 July 2020 and numbered 31199, creditors have been granted the right to inquire the debtors’ assets, rights and receivables through UYAP. The remarkable details in the relevant Regulation are summarized below:
Upon the expiry of the deadline under the payment order, or if the debtor has objected to the execution, upon overrule of such objection, the creditor may inquire the assets, rights and receivables of the debtor recorded in the databases of public institutions, financial institutions, credit institutions and institutions of similar nature.
The inquiry may be done currently by the attorneys registered under the relevant execution file in UYAP, and it could be done by real or legal person creditors in the future if the system is integrated.
Types of inquiries mentioned in the Regulation are:
- Whether there is a vehicle registered in the name of the debtor can be inquired over the database of institutions keeping the vehicle records.
- The taxpayer information of the debtor and other information on the debtor’s assets, rights and receivables can be inquired over the database of Revenue Administration.
- Execution files in which the debtor is registered as a creditor can be inquired over the UYAP database.
- The debtor’s assets, rights and receivables can be inquired over the database of credit institutions and financial institutions.
- Whether the debtor has a post office check account can be inquired over the database of Postal and Telegraph Corporation.
- Debtor’s rights, receivables or social security records can be inquired over the database of Social Security Institution.
- The immovables registered in the name of the debtor can be inquired over the database of the institutions keeping the immovable records.
- In addition to these, inquires can be made over the database of other institutions keeping records of assets, rights and receivables, in case integration of such institutions with UYAP.
The information above can be inquired for TRY 0.50. Inquiries up to 5 times per day within the same execution file will not be charged. The fee will be increased each year at the revaluation rate. The Ministry of Justice is entitled to increase or reduce this fee up to five times, and also to exempt certain number of inquiries from such fee based on per day and file basis.
Please find the full text of the Regulation here. (only available in Turkish)