Whether you are the creditor or the debtor, a missed deadline in enforcement proceedings is hard to undo. We run the process methodically, from initiating proceedings to collection.
Scope
- Enforcement proceedings with and without a judgment
- Objections to payment orders; annulment and removal of objections
- Negative declaratory and restitution actions
- Attachment and sale procedures
- Concordat and bankruptcy proceedings
What are enforcement proceedings?
Enforcement proceedings are how a receivable is collected with the force of the state, under the Turkish Enforcement and Bankruptcy Law. Proceedings based on a court judgment differ from those based on a contract, an invoice or a similar document; cheques, promissory notes and bills of exchange have a procedure of their own.
Payment orders and objections
Without a judgment, the debtor may object to the payment order within seven days of service; for negotiable instruments the deadline is five days. A timely objection stops the proceedings. The creditor may then ask the enforcement court to lift the objection within six months, or bring an action for annulment of the objection before the civil court within one year.
If the objection proves unjustified in an annulment action, the court may, on request, order the debtor to pay compensation of at least twenty per cent of the claim.
Attachment, sale and concordat
Once the proceedings are final, the debtor’s assets, rights and receivables may be attached; statutory limits apply to the attachment of salaries. Attached assets are sold under the procedures set by law.
For debtors in financial difficulty, concordat allows debts to be restructured by agreement with creditors, under court supervision and subject to specific conditions.
Frequently asked questions
How long do I have to object to a payment order?
Seven days from service in ordinary proceedings without a judgment, and five days in proceedings based on cheques, promissory notes or bills of exchange. The period starts on the day after service.
How can a creditor continue after an objection?
With one of the documents listed in the law, the creditor can ask the enforcement court to lift the objection within six months; otherwise it can sue for annulment of the objection within one year.
Can my salary be attached?
Yes. Under Article 83 of the Enforcement and Bankruptcy Law, the part needed for the debtor and their family to live on cannot be attached; the enforcement office sets the attached share, which may not be less than a quarter of the salary.
Proceedings were started for a debt I do not owe. What can I do?
Object to the payment order in time. If the proceedings are already final, a negative declaratory action can establish that no debt exists, and a restitution action can be brought within one year of an undue payment.
Articles are for general information only; always consult a lawyer about your specific situation.