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North Cyprus Law | Execution by Imprisonment

Execution by Imprisonment

There are many ways to execute your judgement obtained from the TRNC courts. Most people would ask what happens if everything goes wrong and you haven’t been able to execute your judgement or in other words you haven’t had your money back or your compensation granted by a court judgement, after filing many possible applications. The answer to this question briefly would be execution by imprisonment.

Filing an application to the court for execution by imprisonment would usually be the last stage of your court case. Below I have written the rules regarding this subject but I must add that an execution by imprisonment application can not naturally be done to companies. But if the company is well established then an application to liquidate the company filed to the court can be a way to get your money back or to execute the judgement you have obtained.

Whereupon any investigation by the court respecting the ability of a judgement…

the debtor to pay the amount due under a judgement or order it appears to the court that the creditor has been unable to obtain satisfaction of his judgement by the sale of the debtor’s property or by attachment of property in the hands of some third party; and

a) That the debtor then has or since the making of the judgement or order has had sufficient means to pay the money directed to be paid by him or some part thereof which still remains unpaid, and that he refuses or neglects to pay it according to the judgement or order: or

b) That he/she made or suffered to be made any gift, delivery, or transfer of any property and has thereby prevented the creditor from obtaining payment of the judgement debt or any part thereof.

The court may on the application of the creditor commit the debtor to prison for any term not exceeding twelve months, or until the payment of the sum due, subject to the provisions contained in law; but may at any subsequent time order his release on the request of the creditor.

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