Enforcement and Bankruptcy Law: Debt Collection and...

Summary: Taking one's own right by force ('Taking the law into one's own hands') is a crime. The state says, 'I will take it by force on your behalf.' This syste...

Taking one’s own right by force (“Taking the law into one’s own hands”) is a crime. The state says, “I will take it by force on your behalf.” This system is called Forced Execution (Cebri İcra).

1. Execution Without Judgment (General Seizure)

What For?: If there is no court decision or promissory note. It is initiated only for invoices, contracts, or a claim of “He owes me money.”
Process: A “Payment Order” is sent to the debtor. If the debtor objects within 7 days, the proceeding STOPS. (You must file a lawsuit). If they do not object, foreclosure (seizure) begins.

2. Execution of Bills of Exchange

What For?: If you have a Check, Bond (Promissory Note), or Policy.
Process: A payment order is sent to the debtor. The objection period is 5 Days. However, even if they object, the proceeding DOES NOT STOP (Only the sale stops). It is a very powerful method. The payment period is 10 days.

3. Execution With Judgment

What For?: If there is a Court Decision (Judgment).
Power: The debtor CANNOT OBJECT to this. They cannot say “I have no debt” (Because the court has already ruled). They cannot stop the proceeding unless they bring a decision to postpone execution. Only a 7-day period is given, then seizure is carried out.

4. Foreclosure of Pledge

If the receivable is secured by a pledge (Mortgage or Vehicle Pledge), it is mandatory to first foreclose (sell) the pledge. Direct seizure cannot be performed.

Frequently Asked Questions

Q: What happens if the debtor says “I have no assets”? A: Through the execution office, electronic inquiries are sent to banks, land registry, traffic registry, SSI (salary), and Postal Check accounts. If nothing is found, a “Certificate of Insolvency” is obtained and monitored for 20 years.

Legal Support: Which execution method will yield faster results depends on the type of receivable. You can contact us to initiate strategic proceedings.

Professional Legal Support

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.