DEBT ENFORCEMENT IN TURKEY UNDER THE EXECUTION AND BANKRUPTCY LAW
The legal process that a creditor applies to debt enforcement in Turkey from the debtor is called the execution process. The execution process in Turkey is regulated by the Execution and Bankruptcy Law and the Turkish Commercial Code (TCC), which oversee the collection of unpaid debts. The Execution and Bankruptcy Law allows creditors to collect their debt in Turkey through a variety of legal means, including:
- Mediation: Mediation is a voluntary process in which a neutral third party helps the creditor and debtor reach an agreement to resolve the debt in Turkey. This is a cost-effective way to resolve disputes without going to court.
- Lawsuit: If mediation fails, creditors can file a lawsuit against the debtor in a Turkish court. This is a more formal process and can be costly and time-consuming.
- Enforcement Offices: If the creditor is successful in the lawsuit, they can apply to the Enforcement Offices for the implementation of the judgment. The Enforcement Offices have the authority to seize and sell the debtor’s assets to pay the unpaid debt.
DEBT COLLECTION IN TURKEY
Debt collection in Turkey is generally carried out through enforcement proceedings. The authorized institution for debt collection in Turkey is the Enforcement Offices. Enforcement Offices are established in accordance with the laws and are subject to strict regulations. The debt enforcement in Turkey process of debtors and creditors enables the creditor to collect their debt through enforcement proceedings if the debtor refuses to pay or is unable to make payments. Enforcement proceedings are carried out through the Enforcement Offices.
If a person or company who owes a debt in Turkey does not make payment, the creditor can initiate enforcement proceedings by applying to the enforcement office. The aim of enforcement proceedings is to allow the creditor to seize the debtor’s assets and sell them to collect the debt.
The debtor can object to the enforcement proceedings initiated by the creditor at the Enforcement Office. In this case, the creditor must go to court to have the objection removed. In this lawsuit, the parties present their evidence and arguments to the court. If the court finds that the debt exists, it will lift the objection filed in the enforcement file and decide to continue the enforcement proceedings.
The debt enforcement in Turkey process generally consists of the following steps:
- Initiation of Enforcement Proceedings: The creditor must apply to the enforcement office by preparing an enforcement request in order to initiate enforcement proceedings. During the application process, the creditor specifies the debtor’s name, address, the amount of the debt, and the reason for the claim.
- Payment Order and Notification: If the debtor does not make payment, the enforcement office sends a payment order and notification to the debtor. The debtor can object to the enforcement order within a certain period of time after receiving the notification. If no objection is raised to the enforcement order, enforcement proceedings begin.
- Identification of the Debtor’s Assets: After the enforcement proceedings have been initiated, the enforcement office identifies the debtor’s assets. These assets are seized to be sold during the enforcement process.
- Seizure Process: If the debtor does not make payment, the enforcement office seizes the debtor’s assets. This process continues until the debtor makes the payment.
- Sale Process: The seized assets are put up for sale during the enforcement process in order to collect the debt. The proceeds from the sale are used to pay the debt and enforcement expenses. The remaining amount is returned to the debtor.
The debt enforcement in Turkey process must be carried out in compliance with legal regulations that protect the rights of debtors and creditors. Debtors have legal rights and the right to object to the enforcement order during the enforcement process.
Creditors are obliged to follow certain procedures during the enforcement proceedings. The enforcement process can be quite complex and it is recommended to seek professional assistance.
HOW TO COLLECT YOUR DEBT IN TURKEY?
If you are a creditor in Turkey, there are several legal avenues you can take to collect your debt in Turkey. Some common methods for debt collection in Turkey include:
- Sending a Reminder Letter: The first step in debt collection is to send a payment reminder to the debtor for debt in Turkey. This can be done via phone, email, or notary. The reminder should include the amount owed, due date, and consequences of non-payment.
- Mediation: Mediation is a voluntary process where a neutral third party helps the creditor and debtor reach an agreement to resolve the unpaid debt. This can be a cost-effective way to resolve disputes without going to court.
- Lawsuit: If mediation fails, creditors can file a lawsuit against the debtor in a Turkish court. The lawsuit should be filed at the debtor’s place of residence or where the debt originated. The creditor must prove the validity of the debt in Turkey and that the debtor has defaulted.
- Enforcement of Court Order: If the creditor wins the lawsuit, they will receive a court order against the debtor. The order will determine the amount owed, interest rate, and payment terms.
- Enforcement of Judgment: The creditor can then apply to the Execution Offices for enforcement of the order. The Execution Offices have the authority to seize the debtor’s assets to pay off the unpaid debt.
It is important to note that the process of debt collection in Turkey can be time-consuming and costly. Creditors should consider the amount of the debt in Turkey, the likelihood of success, and potential costs before initiating legal proceedings.
Seeking legal advice from a qualified lawyer can help guide the debt collection process in Turkey. If a creditor seeks legal support to collect an unpaid debt, the lawyer will typically contact the debtor by phone, email, or letter. The debtor will be given a deadline to pay the debt, and legal action may be taken if payment is not made.
WHAT HAPPENS IF YOU CANNOT PAY YOUR DEBT IN TURKEY?
If you cannot pay your debt in Turkey, there can be serious consequences. The creditor can initiate legal proceedings that may result in a court decision against you. If the decision is in favor of the creditor, a notification can be sent to the Execution Offices for the enforcement of the judgment.
If the Execution Offices become involved in your debt, they can seize and sell your assets to pay off the unpaid debt for debt enforcement in Turkey. This may include your home, car, or other assets. Requesting the sale of a property with a mortgage is a common practice in banking debt cases. You can find detailed information about this topic on our Mortgage page in Turkey.
In cases where your debt is not paid, creditors may also request interest. Interest can increase your debt in Turkey.
Additionally, if you cannot pay your debt, your credit score may decrease. This means that you may have trouble getting credit in the future.
If you cannot pay your debt, you can explore debt restructuring or renegotiation options. With these options, you can make your debt easier to pay and avoid the enforcement process. However, it is important to make a plan on how to pay off your debt and stick to it.
BANKRUPTCY PROCESS IN TURKEY
Bankruptcy process in Turkey is carried out through the determination, liquidation, and collection of the debtor’s assets when the debts cannot be repaid or are not paid on time.
The bankruptcy process begins with a lawsuit filed by the debtor or the creditor upon the decision of the court. If the court decides to declare bankruptcy, it sends the bankruptcy file to the Execution and Bankruptcy Office.
The Execution and Bankruptcy Office carries out the necessary procedures for declaring bankruptcy and determines the debtor’s assets. The rights of the creditors are paid primarily from the debtor’s assets. Then, the remaining portion of the assets is distributed.
During the bankruptcy process, the debtor’s assets can be put up for sale for the collection of debts . The income obtained from the sale is used to meet the demands of the creditors. If the debtor’s debt is fully paid, the bankruptcy process ends, and the debtor can resume commercial activities.
However, if the debt cannot be fully paid, the debtor’s bankruptcy continues, and their assets are seized. After the bankruptcy is finalized and the liquidation process begins, the debtor cannot restructure their debt, and all their debts are collected.
The bankruptcy process has serious consequences, and it is recommended that debtors seek professional help to manage the process. Debtors can plan the best outcome during the bankruptcy process by working with an execution attorney. The potential severe consequences and importance of the bankruptcy process should be taken into consideration.
DEBT COLLECTION BY FOREIGNERS IN TURKEY
Foreigners must act in accordance with Turkish laws to collect debts in Turkey. Debt collection by foreigners in Turkey, foreigners must first file a lawsuit in a court that has jurisdiction in Turkey. If the foreigner has a court decision regarding the debt in their own country, they must enforce this decision in Turkey.
In the process of debt collection by foreigners in Turkey; the enforcement of foreign court decisions in Turkey is necessary for foreign court decisions to have legal value in Turkey. The enforcement process ensures that a foreign court decision is treated as a Turkish court decision in Turkey.
Foreign court decisions must be in compliance with Turkish law for their debt enforcement in Turkey. Therefore, a lawsuit may need to be filed to determine the compliance of foreign court decisions with Turkish law. To file a lawsuit, the original document of the foreign court decision and its Turkish translation must be submitted to the Turkish court.
In addition, certain conditions must be met according to Turkish law for the enforcement of foreign court decisions in Turkey. These conditions include the finalization of the decision, compliance with Turkish public order, and the foreign court’s jurisdiction.
The Turkish court will decide whether the foreign court decision can be enforced in Turkey. If the decision is enforced, the foreign court decision will be treated as a Turkish court decision in Turkey.
Ways foreigners can use for debt collection in Turkey:
Debt collection by foreigners in Turkey; foreigners who want to collect debt in Turkey must work with a debt collection lawyer or law firm based in Turkey. The legal and administrative processes that foreigners may encounter during debt collection in Turkey can be quite complex due to the application of Turkish legal system.
If there is an arbitration clause in the contract signed between the parties, disputes between the parties can be resolved through arbitration. The arbitration is conducted by an independent arbitration board and its results are as valid as a court decision when finalized.
Foreigners need to first determine the address and other information of the debtor company or person in Turkey to initiate the debt collection process. Then, they can carry out the necessary legal procedures for debt collection through their lawyers.
One of the most commonly used methods for debt collection in Turkey is to resort to the judicial process and collect the debt through the court. This process results in the determination, liquidation, and collection of the debtor’s assets.
THE IMPORTANCE OF WORKING WITH A DEBT COLLECTION LAWYER IN TURKEY
A detailed research on the ownership or assets and goods of the debtor person or company in Turkey must be conducted during the debt collection process in Turkey. Turkish law and justice system may be different from those of other countries. Therefore, it is important for foreigners to have knowledge about Turkish law and justice system.
It is recommended for foreigners to work with a debt collection lawyer in Turkey during the debt collection process in Turkey. The debt collection lawyer in Turkey or law firm can provide information on Turkish law and justice system to foreigners and assist them in managing the process. Using methods that are not legally accepted in Turkey or skipping legal procedures during debt collection process is not recommended for foreigners.
In summary, creditors have a range of legal methods, including mediation, lawsuits, and enforcement offices, to collect unpaid debts. If you cannot pay your debt in Turkey, serious consequences may arise, including legal proceedings and seizure of assets.
If you have difficulty paying your debts, it is important to seek assistance and collaborate with your creditors to find a solution that works for both parties. Debt collection in Turkey can be a complex and challenging process, but many legal methods are available for creditors.
These include sending a payment notice, mediation, filing a lawsuit, obtaining a court decision, and enforcing the verdict through Enforcement Offices. Creditors should consider seeking legal advice from a lawyer and carefully weighing the costs and potential outcomes before initiating legal proceedings.