Debt recovery Turkey refers to the methods by which people who have receivables for various legal reasons resort to obtaining them from the debtor. There are two ways foreseen in terms of collection of receivables. These are the ways of collecting the receivable through litigation and collecting the receivable through enforcement proceedings.
Debt recovery Turkey through enforcement proceedings is a highly preferred method for creditors. The reason why it is preferred is that it is faster without waiting for a court decision and the party dominance is greater.
In this article, we will discuss the debt recovery Turkey through enforcement proceedings, the methods of enforcement proceedings, and all the other information you need. If you want to get more detailed information about the subject, continue reading our article titled “Debt Recovery in Turkey“.
Debt Recovery in Turkey Proceeding Without Judgment
The most preferred way of debt recovery in Turkey through enforcement proceedings is through enforcement proceedings without judgment. People who have debts through this proceeding can obtain their claims by applying to the enforcement office without the need for a court decision.
Three different ways are envisaged in order to debt recovery Turkey through follow-up without judgment. These are follow-up through general attachment; enforcement proceedings regarding money receivables arising from subscription contracts; enforcement proceedings specific to bills of exchange; and enforcement proceedings through the evacuation of leased real estate.
An enforcement proceeding without judgment is only a prescribed way for money receivables. In terms of other receivables, it is absolutely necessary to apply for enforcement based on a court decision. You can get detailed information about the enforcement procedure based on a court decision.
Enforcement proceedings without a verdict, which are not based on a court order, are opened in the authorized enforcement office. Which enforcement office is authorized is determined according to the general law provisions. The debtor may object to the decision of the relevant enforcement office. Enforcement without judgment should be initiated through general attachment through the Enforcement Directorate (Istanbul). There is no obligation to provide supporting documents.
If the receivable is based on a bill of exchange, it is necessary to apply for a follow-up method specially for this type. Likewise, separate proceedings are foreseen for receivables arising from rental receivables and subscription agreements.
In order for the debt recovery in Turkey by applying all these non-judgment proceedings, the receivable must have a money receivable and must not be pledged. A separate collection procedure is envisaged for the receivables on which the right of pledge has been established.
The most important point to be considered in terms of the debt recovery Turkey is that if the follow-up request sent to the debtor is notified to the headman, it is considered a valid notification. In these cases, the case of restitution comes to the fore for the person who cannot object to the debt.
Topo Law Firm’s Turkey Debt Recovery Solutions
Topo Law Firm was founded in 2015 by attorney Serdar Han Topo and is a law firm in Istanbul. Since the year we were founded, we have been providing legal support to our domestic and foreign clients regarding the collection of receivables. Topo Law Firm’s lawyer team is made up of experienced and dynamic attorneys who specialize in Turkey debt recovery solutions.
We assist our clients in obtaining their receivables in the fairest way possible, by performing all the necessary procedures for the debt recovery in Turkey arising from various legal reasons and by providing legal support in the receivables lawsuit and subsequent execution phase.
You can contact us to get legal advice from the debt recovery lawyers of Topo Law Firm, to get information about debt recovery in Turkey, and to get information about how to collect your debt.
FAQ About Debt Recovery Turkey
1. What questions to ask before paying off collections?
If you are required to pay a claim, you must first ensure that you have such a debt. In this respect, if you do not have debt on the subject, you can appeal the debt and signature at various stages during the execution process or apply for a complaint. This issue is regulated in a very detailed and complex way in the enforcement law. If you want to get more detailed information about the subject, you can contact us.
2. How can I collect recovery from Turkey?
As explained in detail above, there are two ways in Turkish law for the debt recovery Turkey. These are debt recovery Turkey through litigation and debt recovery in Turkey through enforcement proceedings.
3. Can you go to jail for debt in Turkey?
Debt recovery Turkey is regulated in the execution law and the law of obligations. As a rule, it is not possible for a person to be punished with imprisonment due to assets.