Execution and Bankruptcy Law
Frequently Asked Questions
How does the execution proceeding begin?
The subject of proceeding is determined according to the type of receivable. A proceeding request is then prepared. Proceeding is initiated by applying to the authorized enforcement directorate. Depending on the type of proceeding and the amount of the claim, a fee is paid by the creditor. A payment order is sent to the debtor regarding the initiation of the proceedings. Postage costs associated with the payment order are borne by the payee. If the creditor collects his/her debt, all costs of proceeding relationship are borne by the debtor.
What is the enforcement letter coming home?
The enforcement letter that comes to the house is sent to you by the enforcement office. It is the payment or execution order issued on the execution proceeding. You must read it carefully. It has a duration.
What is a declaration of goods?
A declaration of goods is a petition in which you will clearly state that you have property in the amount to meet your debt. At the same time, you need to provide the full address. As stated in the warning letter, it is considered obligatory to declare the goods within 10 days.
Can the pension be seized?
Pensions can be seized upon the approval of the debtor after the proceeding is finalized. Although the removal of the lien on the pension is not dependent on the duration, it is requested from the executive directorate.
Can confiscated items be recovered?
If enforcement costs are paid together with the debt that caused the enforcement proceeding, it will be possible to recover the seized items.
I started an enforcement proceeding to collect a receivable, but the debtor took precautions and transferred his registered office onto one of his relatives. Now there is no registered property in his name, what can I do?
If there are conditions for filing a lawsuit for cancellation of disposition, you can find the opportunity to collect your receivables by filing this lawsuit.
Execution and bankruptcy law, which regulates debtor and creditor relations, is the branch of law that deals with the fulfillment of debt with the public authority, showing the disputes between the creditor and the debtor who does not pay their debt, and the procedures to be followed by the creditor in order to collect their debt. The Execution and Bankruptcy Law No. 2004 determines the enforcement proceedings to be brought by the creditor against the debtor, the bankruptcy cases if the necessary conditions have been met, and the legal proceedings that all these should be made.
Although it is important for the creditor to initiate enforcement proceedings against the debtor in the enforcement office, how and in what form these transactions will be carried out, that is, the procedure, is just as important. Even if the creditor could not obtain his/her receivables as a result of a valid enforcement proceeding, how the foreclosure proceedings should be carried out is also the subject of enforcement and bankruptcy law.
The entire process from the sequestration of the movable and immovable properties in the property of the debtor who does not pay the debt, to the sale of the related goods with this seizure and the collection of the debtor’s debt, is within the scope of enforcement and bankruptcy law.
Demir Law Firm aims to provide effective, fast, economical and solution-oriented services by protecting the interests of its clients in the field of Execution and Bankruptcy Law.
Demir Law Firm provides legal services to its clients on the following matters regarding the Execution and Bankruptcy Law:
- Follow-up of the receivables of the clients in the capacity of creditors
- Making lien on the debtor’s assets for the collection of the receivable and subsequently converting the debtor’s assets into cash,
- Applying to legal remedies (complaint, suspension of proceedings, cancellation of proceedings, cancellation of payment order, etc.) recognized by enforcement and bankruptcy law for the protection of the rights of clients in the title of debtor,
- Execution of the court orders or documents in the nature of a verdict,
- Conversion of movable and immovable pledges into cash,
- Opening negative clearance lawsuits, restitution lawsuits,
- Initiating enforcement proceedings specific to bills of exchange for the collection of all kinds of bills of exchange (cheques, bills, etc.),
- Taking precautionary lien and precautionary injunctions,
- Representing clients in bankruptcy cases and following the restructuring process,
- Concordat application, follow-up of the application process,
- Follow-up and evacuation procedures regarding rental receivables,
- Follow-up procedures with and without a warrant,
- Consultancy and advocacy service in the field of all lawsuits and legal transactions arising from the Enforcement and Bankruptcy Law.