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DEBT COLLECTION IN TURKEY ACCORDING TO TURKISH EXECUTION AND BANKRUPTCY LAW

For debt enforcement in Turkey; Execution and Bankruptcy Law is a legal discipline that regulates the rights and obligations of debtors and creditors. Execution law regulates the use of legal means by the creditor to debt enforcement in Turkey from the debtor, while bankruptcy law regulates the request for bankruptcy by the debtor or creditor in case of inability to pay the debts in Turkey due to the deteriorating financial situation of the debtor.

Like many countries in the world, Turkey has a strong debt collection and receivable system. If you owe a creditor in Turkey, it is important to understand the processes related to debt collection and the consequences of not paying your debt in Turkey. If you have a debt to collect in Turkey, there is a procedure that you need to follow under the Execution and Bankruptcy Law, and it is important to follow this procedure correctly.

Enforcement and Bankruptcy Law, Pursuit for Money Debt and Security:

Article 42 – Enforcement proceedings for the payment of money or the provision of security begin with a request for pursuit and proceed by means of attachment or by converting the pledge into money or by bankruptcy. In matters falling within the jurisdiction of administrative courts, proceedings without a judgment cannot be initiated.

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.

PROCESS OF DEBT COLLECTION IN TURKEY

Debt collection in Turkey is generally carried out through execution 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 execution 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 execution 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.

Process of the debt enforcement in Turkey 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 execution 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 in Turkey. 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 execution process.

Creditors are obliged to follow certain procedures during the execution proceedings. The enforcement process can be quite complex and it is recommended to seek professional assistance.

HOW TO COLLECT A DEBT IN TURKEY?

If you are a creditor in Turkey, there are several legal avenues to collect a debt in Turkey. Some common methods for collect a debt in Turkey include:

Sending a Reminder Letter: The first step for collect a debt in Turkey is to send a payment reminder to the debtor. 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 a debt in Turkey, 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 IS AN EXECUTION PROCEEDING AND HOW IS IT INITIATED?

The answer to the question of what an execution proceeding is involves a process initiated by the creditor with the Enforcement Office to collect a debt in Turkey with the power of the state when the debtor fails to pay their debt for any reason. Commonly, the concept of “how to initiate an execution” actually means starting an execution proceeding.

Execution proceedings can be categorized into two main types: proceedings with judgment and proceedings without judgment.

A proceeding with judgment is a type of execution initiated based on a court decision. The court issues a decision determining the existence and amount of the debt, and the creditor initiates the execution proceeding based on this decision.
A proceeding without judgment, on the other hand, can be initiated to collect monetary and collateral claims without a court decision. The easiest way to answer the question of how to initiate an execution is to start a proceeding without judgment. It can be applied without the existence of documents related to the debt, especially in situations not involving money or collateral. For example, the eviction of a leased property can be requested through a proceeding without judgment.

If the debtor does not pay their debt, the creditor can collect their claim through execution. However, for the creditor to carry out this collection, they must first initiate an execution proceeding. The claim may be based on a contract, invoice, check, promissory note, or policy. In fact, it is not even mandatory for the creditor to present a document to initiate the execution proceeding.

HOW IS AN EXECUTION PROCEEDING CONDUCTED IN TURKEY?

Initiating an execution proceeding is usually done by the creditor applying to the enforcement office in the debtor’s place of residence. This application involves preparing documents according to the nature of the execution proceeding and obtaining a court decision if necessary. Once these steps are completed, the creditor will have taken a step in the execution proceeding process.

To start an execution proceeding, it is first necessary to prepare the relevant documents and obtain a court decision when required. After completing these documents, the creditor pays the fee they are obliged to pay, and as a result of this transaction, the creditor applies to the relevant Enforcement Office, officially starting the execution proceeding.

For an execution proceeding to be legally initiated, the creditor must make a request to the competent Enforcement Office in accordance with the procedure. The request made by the creditor to the competent Enforcement Office to collect the unpaid claim from the debtor is called an Execution Proceeding.

The follow-up request expresses the creditor’s declaration of intent directed to the enforcement office, indicating their desire to obtain their right. This request is the first step in the legal proceeding initiated equivalent to the amount of the debt. Enforcement proceeding means the creditor initiates the legal process through the enforcement office upon this request.

The question of how an execution proceeding is conducted in Turkey can be answered by saying that the follow-up request can be made in writing, verbally, or electronically. Submitting a follow-up request does not mean the execution process has been initiated; therefore, a follow-up request can also be made in cases of postponement. It is important that the follow-up request is considered to be made on the date the fee is paid.

Documents required to initiate an execution proceeding in Turkey:

1- Identification Information, Address, and Bank Account Details of the Creditor and Their Attorney:

The creditor’s identification information (name, surname, Turkish ID number, etc.),
The identification and contact information of the attorney acting on behalf of the creditor,
The creditor’s bank account information.

2- Debtor’s Identity and Address:

The debtor’s identification information (name, surname, Turkish ID number, etc.),
The debtor’s residence address.

3- Claim Amount:

The amount determined as the debtor’s payable sum.

4- Promissory Note, or Reason for the Debt if There is No Note:

Copies of the promissory note or similar documents, if available,
Documents explaining the reason for the debt if there is no promissory note.

5- Chosen Method of Execution:

The methods of execution to be followed (e.g., wage garnishment, movable asset seizure) should be specified.

6- Signature:

The follow-up request must be signed by the creditor or their attorney.

These documents are necessary to initiate the execution proceeding in Turkey in a legal and proper manner. Presenting the specified information and documents completely will help ensure the effective conduct of the execution proceeding.

HOW TO CHECK AN EXECUTION PROCEEDING IN TURKEY?

The execution proceeding inquiry can be performed at courthouses and through the e-Government (e-Devlet) portal. Below is a step-by-step guide for checking an execution proceeding:

1- Log in to the e-Government Portal:

First, log in to the e-Government portal.

2- Verify Your Identity Information:

Verify your identity information on the page that appears.
Use your Turkish ID number and password to confirm your identity. If you do not have an e-Government password, you can obtain one from any P.T.T. branch.

3- Navigate to the Execution File Inquiry Page:

Click on the search bar at the top of the e-Government homepage and type “Execution Proceeding Inquiry.”
Click on the relevant link at the top to be directed to the appropriate page.

4- Execution File Inquiry:

On this page, you can view all the execution files you are involved in.
You can get information about whether they are open or closed.

By following these steps in order, you can complete the execution proceeding inquiry in Turkey through e-Government and access the relevant information.

WHAT HAPPENS IF YOU CAN NOT PAY YOUR DEBT IN TURKEY?

If you can not 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 recovery. 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.

OBJECTION PROCESS TO EXECUTION PROCEEDING IN TURKEY

If the debtor does not object to the execution proceeding initiated by the creditor, the proceeding becomes final, and the creditor gains the right to start collection processes. The finalization of the execution proceeding means that the creditor can begin the necessary seizure actions to collect the debt. However, if the debtor claims that they do not owe the debt, the due date has not arrived, or the debt has been paid, the debtor should object to the execution proceeding.

Objections to the enforcement proceeding are divided into two main categories: objection to the signature and objection to the debt. The application method and the results of the objection differ for each type. When the debtor objects to the execution proceeding, they should clearly state their claims and explain their reasons. Objection to the signature involves the claim that the document is fake or not based on consent, while objection to the debt involves the claim that the debt has not been incurred, is not due, or has been paid.

By exercising their right to object to the execution proceeding, the debtor can defend their rights within the legal process and question the legal basis of the execution proceeding.

Objection to Non-Judgmental Execution Proceeding in Turkey

In the case of a non-judgmental execution proceeding initiated by the creditor, the debtor has the right to object to the proceeding. The debtor may have objections regarding the existence of the debt, its due date not having arrived, or it having been paid previously. Generally, the objection period applied is 7 days. However, in non-judgmental execution proceedings, objection periods determined by special circumstances may also apply.

Objection to Judgmental Execution Proceeding in Turkey

Objecting to a judgmental execution proceeding in Turkey is not limited to applying to the enforcement office, as a judgmental execution proceeding signifies a debt finalized by a court decision. The debtor is obligated to pay the debt notified by the court decision in the amounts and terms specified in the decision. If the debt is determined as a performance rather than money, this performance must also be fulfilled within the periods specified in the decision.

If the debtor does not want to pay the debt or objects to it, they can initiate the legal process by submitting their objection to the relevant court. This objection route can be based on reasons such as opposing the enforcement of the court decision, claiming injustice, or contesting the validity of the debt.

Objections must be made in writing to the court shown in the payment order within 15 days from the date the court decision is notified. Objections made within this period are evaluated by the court, and the continuation of the relevant legal process is determined. The objection process initiated against a judgmental execution proceeding is an important step for protecting the debtor’s rights and ensuring the court decision is reviewed fairly.

Objection to Finalized Execution Proceeding in Turkey

An objection to a finalized execution proceeding is made through enforcement offices (directorates). If no objection is made to non-judgmental execution files within the legal time limits, it is assumed that the debtor has accepted the debt. In this case, the creditor can carry out seizure and execution actions through legal means. However, to prevent this process, the debtor can take action by applying to the enforcement directorates.

The debtor can request from the enforcement office to temporarily halt or postpone the finalized execution proceeding. It should be noted that making this request generally requires payment of a security deposit. If the security deposit determined by the creditor and the enforcement office is paid, seizure or execution actions can be postponed to a later date.

Such an objection may aim to improve the debtor’s financial situation, reach an agreement between the parties, or evaluate the legal process within a broader framework. However, it is important to consider conditions such as the payment of the security deposit.

Objection to Eviction Demanding Execution Proceeding in Turkey

Eviction demanding execution proceedings can be initiated for the eviction of a tenant due to disputes or debts between the property owner and the tenant, and the debtor or tenant can object to these proceedings. After property or business owners verbally express the eviction of their tenant for various reasons, if the tenant does not vacate the property, it is possible to initiate the legal process.

If an eviction execution file is opened due to reasons such as non-payment of rent or misuse of the property, the debtor or tenant can object. When objecting, documents showing the eviction request as unjust, along with supporting evidence, should be submitted if possible. The objection period for an eviction demanding execution proceeding is generally applied as 7 days from the notification.

WHAT DOES NON-JUDGMENTAL PROCEEDING MEAN?

The answer to the question “What does a non-judgmental proceeding mean?” is that it is a process conducted in the enforcement office without relying on any court decision. Such execution proceedings are typically initiated for monetary debts, securities, or other claims and do not require the creditor to have a document proving a court decision.

A payment order is a method of notification used for cases like proceedings not based on a judgment or based on a negotiable instrument. It is a document containing warnings and notices to the debtor about paying their debt, objecting, and that their assets will be seized if they do not comply. In these proceedings without a court decision, the creditor is not required to possess a document to prove their debt.

Non-judgmental execution proceedings are usually initiated in the competent enforcement offices. However, if there is no valid jurisdiction agreement between the parties, the enforcement office in the debtor’s place of residence is considered competent. If there is a contract based on a claim for money or security, the enforcement office where the proceeding will be initiated becomes competent.

An objection to jurisdiction is a type of objection that must be made by the debtor. If no objection to jurisdiction is made, the enforcement office where the proceeding was initiated is considered competent, but if the debtor does not object to a proceeding initiated in an incompetent enforcement office, the enforcement proceeding is deemed competent where it was started.

The enforcement office is not authorized to examine whether the claim subject to the request exists or if its due date has arrived. Therefore, it is obliged to prepare and send the payment order related to the request. The payment order must include the creditor’s request records, a warning for the payment of the debt and proceeding costs according to the type of proceeding, a warning that the debtor can object to the payment order within 7 days and must declare their assets, and a warning that if no payment is made or objection is raised, forced execution will continue, along with the seal and signature of the enforcement officer.

For a payment order to have legal effect and consequences, it must be served via the PTT (Turkish Post) or electronically. Notification can also be made by hand by an officer of the enforcement office. In this way, the debtor learns that an execution proceeding has been initiated against them.

Upon receiving the payment order, the debtor can either accept and pay the debt or object to the debt or signature within 7 days. The debtor can object to the payment order within 7 days, stating that the debt does not exist or has been previously paid. The objection automatically halts the execution proceeding, and no action can be taken in the existing proceeding until the objection is resolved.

If the debtor does not object to the payment order in time, or if their objection is rejected or removed, the payment order and consequently the execution proceeding become final. Once the proceeding becomes final, the creditor has the right to place a lien on the debtor’s assets and liquidate the seized goods. Furthermore, the debtor who does not object to the debt, jurisdiction, or signature must provide a truthful statement of assets within 7 days.

If the execution proceeding is halted due to the debtor’s objection to the payment order, the creditor also has certain rights. The creditor may apply to the enforcement court within 6 months to request the removal of the objection or file a lawsuit in general courts within 1 year for the annulment of the objection.

The debtor may have missed the objection period to the payment order served to them for various reasons and thus failed to object to the debt in time. In this case, the law grants certain rights to the debtor. A debtor who does not actually owe the debt but has a finalized proceeding against them due to not objecting to the payment order in time can prove their justification through means such as complaint, delayed objection, annulment and suspension of the execution proceeding, declaratory judgment, and restitution lawsuits.

To the Directorate of Enforcement of the Republic of Turkey
File No: 201 /…Essence

OBJECTION TO THE DEBT
(DEBTOR’S NAME-SURNAME): ……………….……………. (ID No: ………………………….)

ADDRESS: ………………………………………………………………………
………………………………………………………………

CREDITOR: ……………………………………………………………..

ADDRESS: ………………………………………………..
………………………………………………………

DATE OF NOTIFICATION: …../…./201… (date when the relevant document was served to you)

SUBJECT: This is an objection to the debt, the enforcement, and the jurisdiction.

EXPLANATIONS:

The enforcement proceeding opened under the file number above has been initiated in an unauthorized Directorate of Enforcement and therefore, the said proceeding should be canceled. The proceeding has not been opened in the authorized enforcement office. According to the relevant provisions of the Enforcement and Bankruptcy Law (İİK) and Civil Procedure Law (HUMK), any enforcement proceedings and lawsuits initiated on my behalf must be opened in the ………………………….. ENFORCEMENT OFFICES and COURTS.

OBJECTIONS TO THE DEBT AND THE ENFORCEMENT:

I have no debt to the creditor. No supporting documents have been sent to me along with the payment order. Therefore, I am objecting to the Enforcement Proceeding, the jurisdiction, the entire debt, interest, all accessory charges, the content of the proceeding, and the payment order prepared accordingly, in accordance with the relevant provisions of the Enforcement and Bankruptcy Law (İİK) within the given time frame.

RESULT AND REQUEST: For the reasons explained above, I request that the necessary actions be taken and the enforcement be halted based on my objections to the ENFORCEMENT, JURISDICTION, PAYMENT ORDER, ENTIRE DEBT, INTEREST, and ALL ACCESSORY CHARGES. /DATE/

Objector (Debtor)
Name and Surname: ……………..………………..
Signature: …………………………………….

ATTACHMENT: Copy of ID Card

HOW TO FILE AN EXECUTION LAWSUIT IN TURKEY?

In the field of Enforcement and Bankruptcy Law, it is crucial to make sure that applications are complete and accurate when filing an execution lawsuit in Turkey. The first step in filing an execution lawsuit in Turkey is to determine the type of case needed. This determination requires correctly completing the documents requested by the court, depending on the type of enforcement.

Enforcement courts handle claims arising from Enforcement Law, but there are also types of cases that must be filed in general courts. Therefore, identifying the competent and authorized court is the most important answer to the question of how to file an execution lawsuit in Turkey.

This process requires correct legal steps between the creditor and debtor. In the enforcement process, the creditor must prepare all required documents accurately and follow legal procedures correctly. For detailed information on filing a lawsuit and execution cases, you can refer to our “File a Lawsuit in Turkey” page.

CAN EXECUTION PROCEEDINGS BE INITIATED WITHOUT A LAWYER?

It is not mandatory to hire a lawyer to start an enforcement proceeding. Enforcement proceedings can be initiated and managed directly by the creditor without a lawyer. However, enforcement proceedings involve technical and legal details. Having legal knowledge is important for managing these processes correctly and effectively. Lack of knowledge about enforcement law or incorrectly following the procedures can lead to the loss of rights.

Working with an execution lawyer in Turkey allows you to conduct the enforcement process under the supervision of a professional and ensures legal safety. A lawyer can take the necessary legal steps to protect the creditor’s rights and ensure effective collection of the debt. Additionally, a execution lawyer in Turkey can resolve legal disputes between the creditor and debtor and negotiate fairly for debt recovery.

In conclusion, while enforcement proceedings can be conducted without a execution lawyer in Turkey, working with one may be a safer choice given the legal complexities and risks involved.

THE PERSON I LENT MONEY TO IS NOT REPAYING THE DEBT IN TURKEY; WHAT SHOULD I DO?

The situation where the borrowed money cannot be recovered is a common issue in lending transactions based on trust. It is crucial to follow the legal processes correctly to address this issue.

Firstly, a person claiming that the borrower has not repaid the borrowed money has the right to approach the court in case of non-repayment. They can also claim debt recovery through enforcement proceedings regulated under Enforcement and Bankruptcy Law.

Attention should be given to how previous payments were made to recover the borrowed money. For bank transactions, it is important that the description includes statements such as “sent as a loan.” Such descriptions can be used as legal evidence.

However, if the debtor objects to the debt, the enforcement proceedings without a court decision will be halted. In this case, filing a lawsuit for debt recovery may be necessary for effective legal action. It is important to provide evidence against the objections raised by the debtor and strengthen your case.

In conclusion, even in cases of undocumented debt, you have the right to initiate enforcement proceedings without a court decision. However, this process requires careful and attentive management. Since initiating enforcement is complex and challenging, seeking legal support is important.

Key points to consider for the issue of “The person I lent money to is not repaying” are as follows:

Establishing a Consumption Loan Agreement: Lending money creates a consumption loan agreement under Article 386 of the Turkish Code of Obligations. This agreement involves the lender transferring a specific amount of money or consumable goods to the borrower, who is obligated to return the same amount or equivalent goods.
Right to Demand Interest: According to Article 387 of the Turkish Code of Obligations, generally, the lender cannot demand interest when repaying the loan. However, interest can be stipulated if there is a written agreement between the parties.
Demanding Interest for Commercial Relations: If the lender can prove that the loan was provided within a commercial relationship, interest can be claimed even if there is no specific provision in the contract.
Requirement to Issue a Repayment Notice: If the debt is not repaid, a formal notice of repayment must be issued in accordance with Article 392 of the Turkish Code of Obligations before filing a lawsuit. Legal actions or enforcement proceedings initiated without this notice may be unsuccessful.
Bank Transfer Descriptions: General statements like “loan” in EFT or bank transfers might not be sufficient. According to court decisions, clear statements indicating that the money was sent as a loan are more effective.

In this context, taking steps such as creating a written loan agreement, clearly defining terms related to interest, exercising the right to demand interest in commercial relationships, and issuing a notice of repayment can help ensure a healthy legal process for lending and recovering money in Turkey.

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.

Key Considerations for Foreigners in Debt Collection Processes in Turkey:

In the debt collection process in Turkey, foreigners should be aware of several important aspects:

Research on Assets: It is essential to conduct thorough research on the debtor’s properties or assets located in Turkey. Understanding what assets are available for collection is crucial.
Understanding Turkish Law: Turkish law and the judicial system may differ significantly from those of other countries. Therefore, it is important for foreigners to familiarize themselves with Turkish legal principles and procedures.
Legal Assistance: It is highly recommended for foreigners to work with a lawyer or law firm in Turkey. A local lawyer or firm can provide valuable information about Turkish law and the judicial system and assist in managing the debt collection process.
Avoiding Illegal Methods: Foreigners should not use methods that are not legally accepted in Turkey or bypass legal procedures. Adhering to the correct legal processes is crucial to avoid complications.
Legal Options for Creditors: Creditors have several legal methods to collect unpaid debts, including mediation, lawsuits, and enforcement offices. Failure to pay debts in Turkey can lead to serious consequences, including legal actions and seizure of assets.

If you are struggling to pay debts, it is important to seek support from an enforcement lawyer and collaborate with your creditors to find a solution that works for both parties.

Debt collection in Turkey can be complex and challenging, but legal avenues are available for creditors. These include sending payment notices, engaging in mediation, filing lawsuits, obtaining court orders, and enforcing judgments through enforcement offices. Creditors should consider obtaining legal advice before initiating legal actions and carefully weigh the costs and potential outcomes.

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 a debt in Turkey. If you cannot pay your debt in Turkey, serious consequences may arise, including legal proceedings and seizure of assets.

You can review our other practice areas here and contact info@cbhukuk.com for your legal support request.

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