Enforcement and Bankruptcy Law: Debt Collection and...

Summary: Taking 'justice into one's own hands' to collect a debt is a crime. The State says, 'I will collect it by force for you.' This system is called Forced E...

Taking “justice into one’s own hands” to collect a debt is a crime. The State says, “I will collect it by force for you.” This system is called Forced Execution (Cebri Ä°cra).

1. Execution Without Judgment (General Attachment)

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

2. Attachment Specific to Bills of Exchange (Kambiyo)

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

3. Execution With Judgment (IlamlÄ± Ä°cra)

For What?: If there is a Court Deicsion (Judgment).
Power: The debtor CANNOT OBJECT saying “I don’t owe this” (Because the court said they do). They cannot stop the proceeding unless they bring a decision to suspend execution. They are given 7 days, then attachment follows.

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 attachment cannot be made.

Frequently Asked Questions

Q: What happens if the debtor says “I have no assets”? A: Electronic inquiries are sent via the execution office to banks, land registry, traffic registry, SGK (salary), and Postal Checks. If nothing is found, a “Certificate of Insolvency” (Aciz VesikasÄ±) is obtained, and the debt is monitored for 20 years.

Legal Support: Which method yields faster results depends on the type of debt. You can contact us to initiate a strategic proceeding.

Professional Legal Support

ðŸ“ž Call Now: +90 554 192 47 20

ðŸ“§ Email: info@avukatfevziyaskir.com

ðŸ“ Address: Opposite the Courthouse, Karatay/Konya, Turkey

âš–ï¸ Attorney Fevzi YaÅŸkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.