What does enforcement proceedings mean?

Enforcement proceedings are the process of implementing court decisions through state coercion. The main task is the correct and timely execution of court decisions and other acts in order to protect the violated rights, interests and freedoms of individuals and organizations.

Enforcement proceedings for debt collection are completely legal procedure, therefore the process is efficient, in contrast to collection agencies, which do not exist in Turkey and for creation of which criminal liability is applying.

That is, Turkey provides two bases for starting the debt collection procedure:

1. Enforcement proceedings without a court decision

2. Enforcement proceedings with a court decision

Is it possible to enforce a foreign court decision in Turkey?

It is important to note that for the execution of the decisions of the courts of foreign states, it is necessary to legalize the court decision in the Turkish courts. If the procedure for legalizing a court decision issued by a foreign state has been made or the claimant has a Turkish court decision, you can proceed to the enforcement law.

What grounds for enforcement proceedings can be used in Turkey?

The basis for enforcement proceedings may be:

1. Written check

2. Receipt

3. Bill of exchange

4. Issued invoice

5. Customs documents

6. Sales contract

Options for Enforcement Proceedings to Collect Debts Without a Court Decision in Turkey?

1. General enforcement proceedings for debt collection.

2. Enforcement proceedings for collection of debts on bank checks, bills of exchange and bonds.

3. Enforcement proceedings for collection of rent and eviction of the tenant

4. Enforcement proceedings for the collection of debts on a mortgage / loan

How does the enforcement process start?

1. The debtor will be sent a notarized notice of the existing debt and the need to repay it, if there is a bank check, bill of exchange or a legalized court decision, then a notarized notice is not required. This is necessary in order to be able to claim a forfeit for non-payment of debt.

2. After receiving the notification, if the debt is not, the claimant proceeds to enforcement proceedings. The bailiffs will send an order to the debtor to pay the debt, after which the debtor has 7 days to file a claim.

If you need to collect a debt or you have received a notification about the need to pay off a debt, contact our lawyers for an initial free consultation to find out your rights and learn about procedure.