Enforcement and Bankruptcy Law
Enforcement and bankruptcy law is a branch of law that serves to enforce the collection of debts owed to creditors as quickly as possible, with the assistance of state authorities. In enforcement and bankruptcy law, the subject of compulsory enforcement is not the debtor himself (i.e., his physical integrity), but rather his assets. In other words, compulsory enforcement applies to the debtor’s assets.
What are Enforcement Proceedings and Lawsuits?
- Enforcement proceedings with a court order,
- Enforcement proceedings without a court order
- Enforcement proceedings specific to bills of exchange,
- Cancellation and Suspension of Enforcement Proceedings
- Mortgage and lien enforcement,
- Eviction of leased real estate,
- Objection to a payment order/enforcement order,
- Precautionary attachment,
- Action for annulment of the objection and removal of the objection,
- Action for recovery of property,
- Debt Relief Case
- Negative Determination Cases
- Restitution cases,
- We provide a wide range of services, primarily the monitoring of all cases to be heard in Enforcement Criminal and Enforcement Civil Courts, particularly debt collection cases, as well as all proceedings carried out in enforcement offices.
- Bankruptcy petition,
- Postponement of bankruptcy/concordat proceedings
Enforcement law is divided into two categories:
- Enforced Execution
- Enforcement without a court order
What is a Judgment Enforcement? In enforcement proceedings based on a court order, the creditor has a court decision against the debtor. The creditor initiates enforcement proceedings based on a court order by submitting the court decision to the enforcement office. The subject of enforcement proceedings based on a court order may be a monetary claim or the delivery of an item. If the debtor fails to pay the debt specified in the court decision within seven days of the enforcement order being served on them, the creditor has the right to seize and sell the debtor’s property and recover the debt. Since the creditor’s claim has been established by a court decision, the debtor cannot object on the grounds that they do not owe the debt and cannot halt the proceedings.
What is Enforcement Without a Judgment? Except for judgments, enforcement without a judgment is accepted for monetary claims and security claims. A court decision is not required to initiate enforcement without a judgment. The creditor can initiate enforcement against the debtor simply by stating the existence of the claim. For this enforcement to be successful, it is sufficient for the debtor not to object to the payment order initiated by the creditor. If the debtor does not object to the payment order, the debt will become final, and the debtor’s assets may be seized to collect the creditor’s claim.
Can a seizure be carried out at night?
As a rule, no enforcement proceedings may be carried out at night. The exception to this rule is that seizure may be carried out at night in places where work is carried out at night (bars, nightclubs, cinemas, theaters), etc. Seizure proceedings that begin during the day may continue into the night.
Under What Circumstances Are Enforcement Proceedings Postponed?
- Death of the Debtor
- Death of a Relative of the Debtor
- Debtor Being Detained or Convicted
- The Debtor Being a Soldier
- Serious Illness of the Debtor
- Concordat Period
What are the types of enforcement proceedings without a court order?
- General Enforcement Proceedings
- Enforcement Proceedings by Attachment Specific to Bills of Exchange
- Eviction of Leased Real Estate through Enforcement Proceedings without a Court Order
How is General Attachment Enforcement Proceeding Carried Out?
General attachment proceedings are only for monetary claims. No documents are required to initiate general attachment proceedings. Enforcement proceedings can be initiated even without supporting documents. There is no obstacle to initiating proceedings through general attachment for bonds, checks, and bills of exchange, but proceedings specific to negotiable instruments will be in the creditor’s favor. Enforcement proceedings through general attachment can only be conducted in Turkish Lira. If the debt is in foreign currency, it must be converted to Turkish Lira for enforcement. If the debtor objects to the payment order sent to them, the proceedings are suspended. In cases of enforcement without a court order, the creditor must file a lawsuit against the suspended proceedings. These lawsuits are known as “Cancellation of Objection” and “Removal of Objection” lawsuits. If the claim is considered a written document under Articles 68 and 68/a of the Enforcement and Bankruptcy Law, a lawsuit for the Removal of the Objection may be filed. In the presence of the documents listed in the law, this lawsuit will be a more advantageous choice than the lawsuit for the Cancellation of the Objection in terms of proving the existence of the claim.
What happens if the debtor objects to enforcement proceedings?
The debtor has seven days from the date of service of the payment order in the enforcement proceedings without a court order to object to the proceedings, otherwise the proceedings become final. The debtor may request the relevant enforcement office where the enforcement file is located to suspend the proceedings by objecting that he/she does not owe any debt.
If the creditor wishes to revive the proceedings and recover the debt, they may file a general lawsuit against the debtor who has objected to the payment order, known as a “lawsuit for the cancellation of the objection.” The subject of the lawsuit for the cancellation of the objection is the debt to which the debtor has objected. The competent court in the Action for the Cancellation of the Objection may be any of the following, depending on the nature of the dispute: the District Court, the Commercial Court, the Conciliation Court, or other specialized courts. The court with jurisdiction is the court where the enforcement proceeding without a judgment was conducted. The Action for the Cancellation of the Objection filed by the creditor is subject to a one-year statute of limitations.
Another way for the creditor to recover their debt is to file a lawsuit to lift the objection. The creditor may file this action if the claim is based on one of the written documents listed in Articles 68 and 68/a of the Enforcement and Bankruptcy Law. This is a special action that will not take as long as an action for the cancellation of an objection, and proving the claim will be easier. The action for the removal of an objection filed by the creditor is subject to a six-month statute of limitations.
How to Pursue Enforcement of a Bill of Exchange?
Bills of exchange (bonds, bills, checks) are a special type of enforcement. In this type of enforcement, the creditor must have a bond, check, or bill in order to initiate enforcement proceedings. In enforcement proceedings specific to negotiable instruments, there is no need to obtain a court decision in advance. In enforcement proceedings specific to negotiable instruments, the creditor must initiate proceedings at the debtor’s place of residence or at the place where the negotiable instrument was issued. Unlike general attachment proceedings, the creditor holding a negotiable instrument must attach the original negotiable instrument to the enforcement request. Unlike the general attachment procedure, the objection period in enforcement proceedings specific to promissory notes is five days, and the objection is filed with the Enforcement Court. An objection to the payment order does not suspend other enforcement proceedings except for the sale. In other words, the creditor may attach the debtor’s property based on the enforcement proceeding, but the attached property cannot be sold.
How to Evict Tenants from Rented Properties Without a Court Order?
If the tenant fails to pay the rent due, the creditor may pursue the tenant for the unpaid rent through general seizure proceedings. In enforcement proceedings initiated solely for unpaid rent, only the unpaid rent amounts are collected from the tenant. No decision is made to evict the tenant. If the landlord-creditor requests both the payment of overdue rent and the eviction of the tenant, the proceedings will be an eviction proceeding without a court order. The eviction request and the lease agreement must be attached to the enforcement proceedings. The debtor has seven days from the date of service of the payment order to object to the enforcement proceedings. If no objection is filed, the proceedings become final, but the landlord cannot immediately request eviction. The landlord must wait for the payment periods specified in the law (ten days for ordinary leases, thirty days for residential and commercial properties, and sixty days for crop leases).
Where is the competent enforcement office in enforcement proceedings without a judgment?
In enforcement proceedings without a court order, the general competent enforcement office is the enforcement office in the debtor’s place of residence. For monetary debts arising from a contract, the enforcement office in the place where the contract is to be performed and the enforcement office in the place where the contract was concluded are also competent.
What happens when it goes to enforcement?
You may receive a sudden notification from the Enforcement Office at your home or workplace. Your creditor or any other person may have initiated enforcement proceedings against you. Since no documents are required to initiate enforcement proceedings without a court order, some people may unjustly initiate enforcement proceedings against you. The first thing you should do is consult with a specialized enforcement attorney as soon as possible, bringing the notice with you, and work with the attorney to determine the appropriate procedures based on the type of enforcement proceeding. If you fail to take any action immediately upon receiving the enforcement notice, the debt will become final, and you will be held responsible for it, even if you do not owe the debt. To avoid losing your rights, you must consult with an enforcement attorney if you receive any documents from the enforcement office.
Is it possible to pay off debt in installments?
In enforcement proceedings initiated by the creditor’s attorney, the debt becomes final if the debtor does not object to the debt within the period specified in the law for judgments and within the relevant period specified in the law for non-judgments. The enforcement attorney collects the final debt. The enforcement office does not have the authority to divide the final debt into installments. The installment plan process can only be carried out by the enforcement attorney based on the nature of the debt.
At Gürbüz Law+ Partners, our goal is to help our clients recover their receivables as quickly, effectively, and cost-efficiently as possible. We provide consulting and litigation services for the collection of receivables in Turkey for local and foreign companies and individuals. We conduct all types of enforcement proceedings, both with and without a court order, to collect our clients’ receivables, and we carry out comprehensive investigations to identify all movable and immovable property belonging to the debtor, as well as any rights and receivables held by third parties.
Izmir Enforcement Lawyer
Gürbüz Law + Partners, operating in Izmir, is responsible for all matters related to the Enforcement and Bankruptcy Law as an Izmir Enforcement Attorney; regulating the relationship between creditors and debtors; initiating enforcement proceedings with and without a court order, enforcement proceedings specific to bills of exchange, cancellation of objections and removal of objections, entitlement, debt relief, negative determination, restitution lawsuits, and other legal issues arising from enforcement law, as well as providing legal advice and representing clients in litigation processes in the event of disputes.
For information about our legal consulting and attorney services regarding enforcement law disputes, please contact our team of expert attorneys at info@gurbuzlaw.com.
