Debt collection is one of the most basic needs of commercial life. Under Turkish law, enforcement proceedings are governed by the Enforcement and Bankruptcy Law No. 2004. Depending on the nature of the claim, a creditor may initiate enforcement without a judgment, enforcement based on negotiable instruments, enforcement of a judgment or foreclosure of a pledge or mortgage.
If the debtor objects to the payment order, the proceedings are suspended and the creditor may continue by seeking the removal or annulment of the objection. For debtors, a timely and well-founded objection, negative declaratory and restitution actions and complaints to the enforcement court are important defences. Compliance with procedural rules at the attachment, sale and distribution stages directly affects the outcome of collection.
Before initiating proceedings, an asset search and, where appropriate, a precautionary attachment order are often decisive in securing the claim. For claims based on foreign court judgments or arbitral awards, recognition and enforcement must be obtained first.
Our firm assists creditors from the initiation of proceedings to collection, and debtors in objection and complaint processes, and represents clients in litigation arising from enforcement and bankruptcy law.
We assist Turkish and international clients in matters including:
Levent Loft, Büyükdere Cd. No.201 B Blok, D.43, 34394, Şişli, İstanbul