Why Us in Execution Law?
Our office provides legal representation and consultation services for domestic and foreign companies and individuals for the collection of their receivables in Turkey.
With its expert team that has been working continuously for 20 years, our office has pioneered in the field. It provides consultation services and legal support for matters such as the collection of receivables and bounced checks, attachment, precautionary attachment, mortgage, real estate proceedings, objections and cancellations of objections, enforcement proceedings, issues regarding child handover through execution, and payment orders.
Execution proceedings refer to the process initiated by the creditor at the Execution Directorate to forcibly collect a debt, with the backing of state power, when the debtor fails to fulfill their obligation for any reason.
Enforced Execution with a Decree: It involves the creditor (the person owed) sending a payment order to the debtor through the execution office when the defendant fails to voluntarily comply with a court decision in favor of the creditor due to a violation of rights or non-fulfillment of obligations.
Enforced Execution without a Decree: Apart from enforced execution with a decree, the law also allows for enforced execution without a decree specifically for monetary and security claims. In this process, it is not necessary for the creditor to have a court decision establishing and confirming the debt.
Enforced execution without a decree can be categorized into three types:
-General Seizure Path (Only for monetary and security claims)
-Specific Seizure Path for Negotiable Instruments
-Eviction of Leased Immovable Properties
Execution Through Conversion of Collateral to Cash: This method is provided by the legislator only for creditors whose claims are secured by collateral. The creditor with collateral must first utilize the conversion of collateral to cash, except for the exceptions stated in the law.
Precautionary Seizure: It provides temporary legal protection and serves to secure the outcome of both individual and collective enforcement proceedings.
Complaint in Execution Law
If the execution and bankruptcy office fails to fulfill its duty, fulfills it unlawfully, delays the fulfillment of the right, or does not exercise its discretion properly in a manner appropriate to the case, the affected parties can apply to the enforcement court subject to inspection of the department through a complaint. Complaint is a unique method and not a lawsuit or a true legal remedy.
Complaint period: As a general rule, the seven-day period for the complaint starts from the date the complainant learns about the action subject to the complaint, and the complaint period is seven days. If it has been served, the period starts from the date of service. Complaints must be made within this period; complaints made after this period will not be considered.
Objection to Payment Order
If the debtor does not object to the payment order within seven days from the date of service of the payment order, the payment order, and thus the execution, will become final. If the debtor who does not object to the execution within seven days does not make the payment of the debt or declare the goods within the same seven days, it is necessary to make the payment of the debt or make a statement about the goods.
-The debt does not exist at all.
-The debt has ended.
-The debt is less than the amount claimed in the execution request.
-The execution officer does not have the authority to execute (except for cases where the execution officer should take into account the matters to be taken into account on his own initiative).
Other objection reasons are divided into two as objections to the signature and objection to the debt in terms of assertion. If the creditor makes an execution based on a simple commercial paper, and if the debtor clearly and explicitly objects that the signature under this document does not belong to him, this is an objection to the signature. An action for forgery must be filed in general courts (a positive claim for determination). For official documents, such an objection is not possible. A case of forgery must be opened in general courts. All objections except an objection to the signature are considered as objection to the debt.
To object to the payment order, the debtor who wants to object must object to the payment order within seven days from the date of service of the payment order. This period is absolute and controls whether the objection is made within the period.
Terminology Related to Execution Proceedings:
What is the 89/1 Notification?
The basic regulation on how goods and rights owned by third parties will be attached is regulated in Article 89 of the Enforcement and Bankruptcy Law (EBL). According to this, as a first step, a first attachment notification is sent to the third party holding any property or right (including receivables) of the debtor.
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 living in the same place as the debtor. If there is no such person, the enforcement office invites the creditor and the debtor to the enforcement office to examine the seizure report within three days.
Who is a Custodian?
The title of the person who has the legally, officially, and temporarily delivered movable or immovable property to the subject of execution.
What is a Warehouse?
The goods kept under protection by the execution and bankruptcy offices, subject to exceptions in the legislation, are stored in licensed custodian warehouses authorized and determined by the Ministry.
What is Issuing a Dishonored Check Crime?
The legislator has made the prosecution of the crime of issuing a dishonored check dependent on a complaint. However, the complaint period for this crime is not the six-month period indicated in Article 73/1 of the Turkish Penal Code, but the three-month period regulated in Article 347 of the Enforcement and Bankruptcy Law, regardless of whether it is known who committed the act and the act itself, or from the date the act is learned, the complaint right will expire after one year from the mentioned date.