Enforcement and Bankruptcy Law

Enforcement with a Judgment: It is the ability of a person (creditor) who has suffered a violation of rights or whose rights have not been fulfilled, to send a payment order to the debtor by applying to the enforcement office, even if the defendant does not voluntarily fulfill the requirements, through the court.

Enforcement without a Judgment: In addition to enforcement with a judgment, the law has also accepted enforcement without a judgment only for money and collateral receivables. In this way, the creditor’s receivable does not need to be determined and ruled by a court decision.

Enforcement without a Judgment is divided into three.

1.General Seizure Method (Only for money and collateral receivables)

2.Seizure Method specific to Bills of Exchange

3.Evacuation of Leased Real Estate

Enforcement by Conversion of Pledge into Cash: This is a method that the legislator has foreseen only for creditors whose receivables are secured by a pledge. The pledgee is required to first apply for the conversion of the pledge into cash, except for the exceptions specified in the law.

Precautionary Seizure: Provides temporary legal protection. It serves to secure the outcome of both individual and collective forced enforcement proceedings.

Complaints in Enforcement Law

If the enforcement and bankruptcy office does not fulfill its duty regarding the transactions it has made, performs them in violation of the law, delays the fulfillment of the right or does not use its discretionary power in accordance with the case, the relevant parties who are harmed by this may apply to the enforcement court subject to the supervision of the office by way of a complaint. Complaint is a method specific to itself and is not a lawsuit or a real legal remedy.

Complaint period: As a rule, it starts from the date of learning about the transaction in question and is seven days. If it has been notified, the period starts from the notification. The complaint must be made within the period, the complaint made after the period is not heard.

Objection to Payment Order

If the debtor does not object within seven days from the notification of the payment order, the payment order, and therefore the enforcement proceeding, becomes final. The debtor who does not object to the enforcement proceeding within seven days must pay his debt or make a declaration of assets within the same seven days.

Reasons for Objection:

The receivable never arose

The debt has ended

The receivable is not as much as the request for enforcement

The creditor does not have the authority to pursue (except for situations related to issues that the enforcement officer must take into consideration on his own)

The reasons for objection in terms of assertion are divided into two as objection to signature and objection to debt. If the creditor pursues based on an ordinary promissory note, if the debtor separately and explicitly objects that the signature on this promissory note does not belong to him, this is an objection to signature. Such an objection is not possible for

official promissory notes. A forgery lawsuit must be filed in the general courts (negative determination lawsuit). All other objections other than objection to signature are considered objections to debt.

The debtor who wishes to object to a payment order must object to the payment order within seven days from the notification of the payment order. This period is absolute and the enforcement officer checks whether the objection is within the period.

Frequently Asked Terms Related to Enforcement Proceedings:

What is the 89/1 Notification?

The basic regulation on how to seize property and rights in third parties is regulated in Article 89 of the EBL. Accordingly, a first seizure notice is first sent to the third party who holds a property or right (including the right to claim) belonging to the debtor of the enforcement file.

What is the 103 Invitation?

The invitation mentioned in Article 103 of the Enforcement and Bankruptcy Law is called the “103 invitation”. According to the law, if the debtor is not present during the seizure, the enforcement office serves the seizure report to an authorized person, for example, who lives in the same residence as the debtor. If he is not there either, the enforcement office invites the creditor and the debtor to the enforcement office to review the seizure report within 3 days. Who is the Trustee? The title of the person to whom the movable or immovable property subject to enforcement is legally, officially and in trust. What is a warehouse? The goods decided to be kept by the enforcement and bankruptcy offices are kept in licensed trustee warehouses authorized by the Ministry and whose jurisdiction is determined, subject to the exceptions in the legislation.

The Crime of Issuing a Bad Check The legislator has made the pursuit of the bad check crime dependent on a complaint. However, regarding this complaint period, the three-month and in any case one-year complaint period regulated in Article 347 of the Enforcement and Bankruptcy Law will be applied instead of the six-month complaint period starting from the day the act and the perpetrator are known or learned as stated in Article 73/1 of the Turkish Penal Code. If the person with the right to complain does not comply with this period, the right to complain will be waived, in other words, the court will consider the right to complain as lost ex officio.

Who is a Trustee? The title of the person to whom the movable or immovable property subject to enforcement is legally, officially and in trust.

What is a warehouse? The goods decided to be kept by the enforcement and bankruptcy offices are kept in licensed trustee warehouses authorized by the Ministry and whose jurisdiction is determined, subject to the exceptions in the legislation.

The Crime of Issuing a Bad Check The legislator has made the pursuit of the bad check crime dependent on the complaint. However, regarding this complaint period, the complaint period of three months and in any case one year regulated in Article 347 of the Execution and Bankruptcy Law will be applied instead of the six-month complaint period starting from the day the act and the perpetrator are known or learned, as stated in Article 73/1 of the Turkish Penal Code. If the person with the right to complain does not comply with this period, the right to complain will be waived, in other words, the court will consider the right to complain as lost ex officio.