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Enforcement & Bankruptcy Law
A claim is worth what the enforcement file says.
From enforcement proceedings with or without a court judgment to actions for annulment of objection and negative declaratory actions, from attachment and sale to concordat, we conduct proceedings on behalf of creditors and debtors.
Scope
- Enforcement proceedings with and without a judgment
- Proceedings based on bills of exchange, cheques and promissory notes
- Annulment and removal of objections; negative declaratory actions
- Attachment, safekeeping and sale
- Bankruptcy and concordat proceedings
Process
- 01DocumentsThe documents on which the claim rests are reviewed.
- 02FilingThe request for enforcement is submitted to the enforcement office.
- 03Payment orderService is effected and the debtor's objection period is monitored.
- 04ObjectionIf the debtor objects, removal or annulment of the objection is sought.
- 05CollectionAttachment, sale and distribution of the proceeds.
Frequently recorded questions
The answers below are general information; your specific matter requires a consultation.
How long is the period to object to a payment order?
In enforcement without a judgment by way of general attachment, the period is seven days from service (Article 62 of the Turkish Enforcement and Bankruptcy Code, İİK); in proceedings based on bills of exchange and cheques it is five days (İİK Article 168).
Is a court judgment needed to start enforcement proceedings?
No. Enforcement can be started without a judgment; if the debtor objects, the proceedings stop and the creditor seeks removal or annulment of the objection.
What is a concordat?
A restructuring agreement between a debtor who cannot pay its debts as they fall due, or is at risk of being unable to, and its creditors, approved by the court (İİK Article 285 et seq.).
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