Legal support in enforcement proceedings in Turkey

What does enforcement proceedings mean in Turkey?

Enforcement proceedings are the process of implementing court decisions using government coercion. The main task is the correct and timely execution of court decisions and other acts aimed at protecting the violated rights, interests and freedoms of individuals and organizations.

Collection of debt without a court decision is also forced, and a state body (executive body) is involved in this process.

Enforcement proceedings for debt collection are a completely legal procedure that is highly effective and efficient. Unlike collection agencies, which do not exist in Turkey, and the creation of which is subject to criminal liability.

Turkey has two bases for starting debt collection proceedings:

1. Enforcement proceedings without a court decision.
2. Enforcement proceedings with a court decision.

Can a foreign court decision be enforced in Turkey?

It is important to note that in order to enforce decisions of foreign courts, it is necessary to legalize the judgment in Turkish courts. If the procedure for legalizing a court decision issued by a foreign state has been completed, or if the claimant has a Turkish court decision, you can begin enforcement proceedings.

What grounds for enforcement proceedings can be used in Turkey?

The following documents can be the basis for enforcement proceedings:

• Issued check;
• Receipt;
• Promissory note;
• Invoice;
• Customs documents;
• Purchase and sale agreement.

Options for enforcement proceedings for debt collection without a court decision in Turkey:

1. General enforcement proceedings for debt collection.
2. Enforcement proceedings for the collection of debts on bank checks, bills and bonds.
3. Enforcement proceedings for collection of rent and eviction of the tenant.
4. Enforcement proceedings for the collection of mortgage/loan debts.

How does the enforcement process begin?

The debtor will be sent a notarized notice of the existing debt and the need to repay it. In the case of a bank check, bill of exchange or legalized court decision, a notarized notice is not required. This is necessary so that the creditor can request a penalty for non-payment of the debt.

After receiving the notification, if the debt is not repaid, the collector proceeds to enforcement proceedings. The bailiffs send the debtor an order to pay the debt.After this, the debtor has 7 days to file claims.

What should you do if you need to collect a debt or have received a notice to pay off a debt?

If you need to collect a debt or have received a notice to repay a debt, contact our attorneys for an initial consultation. We will help you understand your rights and the actions that need to be taken in the enforcement process.