How to Conduct Debt Enforcement?
How to Conduct Debt Enforcement?One of the questions many people wonder about is how to conduct debt enforcement. Enforcement Lawyers plan the legal steps to be taken for their clients to receive their receivables in the debt relationship between the creditor and the debtor, according to the type and nature of the receivable and the evidence and documents they have, and draw an effective legal map for the creditor to reach their debt.
In a debt relationship, it is encountered that the debtor party does not fulfill their debt in accordance with the time of performance or at all. In the face of this frequently encountered situation, there are legal ways that the creditor can resort to in order to collect the debt from the debtor. The enforcement initiated by the creditor by applying to the Enforcement Office through the state to have the debtor fulfill their debt is called debt enforcement. It is not mandatory to continue the enforcement through a lawyer, but it is essential to work with expert lawyers who are experienced and skilled in practice, as enforcement and bankruptcy law is quite detailed and complex. Izmir Debt Enforcement Lawyer provides services to individual and corporate clients during the execution of the process.
Debt enforcement is a process that aims to start with the creditor’s request and end with the collection of money from the debtor and the payment of the creditor’s debt. The procedure to be followed in the debt enforcement process is specified in the law. Any deficiency or error in the transactions to be made during the follow-up process can cause very large losses of rights. Izmir Enforcement Law Lawyer carries out the necessary procedures through expert enforcement lawyers to ensure that the creditor can obtain their receivables and avoid loss of rights.
The creditor who wants to initiate debt enforcement applies to the authorized Enforcement office with a properly prepared receivables file. After the application is made with the follow-up request, a payment order is issued and notified to the debtor party. If the payment order is not objected to within the period specified in the law, the follow-up becomes final and the seizure phase begins.
What is Enforcement with Judgment?
A judgment is a document containing the decision given by the court. Initiating enforcement proceedings with this official document issued by the court is called Enforcement with Judgment. How to Conduct Debt Enforcement? In enforcement with judgment, the creditor initiates the enforcement based on a decision given by the court or documents considered as judgments in the law. The creditor initiates the enforcement by applying to the enforcement office with the judgment they have.
Enforcement with judgment consists of monetary claims and other types of claims. For claims other than monetary claims or collateral claims, a lawsuit must be filed in court and a judgment must be obtained. Some of these are:
Child delivery Establishing personal relationship with the child Eviction of real estate Delivery of real estate Delivery of movable property Establishment of easement
While the statute of limitations in enforcement proceedings with judgment occurs depending on the period specified in the law, judgments related to family law, personal law, real estate, and the nature of real estate are not subject to the statute of limitations. You can get support from expert Pendik Enforcement Lawyers for consultancy services in the field of enforcement law, which contains quite technical information.
What is Enforcement without Judgment?
In the case of enforcement without judgment, the subject of the creditor’s claim consists of monetary and collateral claims, and they can directly apply to enforcement offices without filing a lawsuit in court. In practice, enforcement through general seizure is most commonly applied in enforcements to be made through enforcement without judgment. For the creditor to initiate enforcement through general seizure, they must first make an enforcement request to the enforcement office. The creditor makes an enforcement request to the enforcement office in writing, verbally, or electronically. If the request meets the conditions, a payment order is issued by the enforcement director.
The payment order is served to the debtor party within a maximum of 3 days from the creditor’s enforcement request. The debtor has the right to object to the payment order they receive. The debtor’s objection that they do not have a debt and that the creditor does not have the authority to enforce is an objection to the payment order. This objection is reported to the enforcement office by the debtor. The important point is that the debtor must make the objection within 7 days from the notification of the enforcement request sent by the creditor. In this case, the enforcement automatically stops with the objection made by the debtor. The debtor is not obliged to state a reason for their objection. Simply saying “”I Object”” is sufficient.
There are big differences between enforcement with judgment and enforcement without judgment in terms of the document the creditor has, stopping the enforcement, authority, and objection process. We emphasize the importance of creditors carrying out the process with effective enforcement lawyers for Kurtköy Lawyer debt enforcement in terms of evaluating deadlines, proof, and preventing the creditor from wasting time. You can get support from qualified lawyers in the enforcement department of Gürbüz Law+ Partners for all your consultancy and lawsuit services in the field of debt enforcement, enforcement lawsuits, and enforcement law, as well as for your questions.
