ATK Law Firm provides professional advocacy and legal consultancy services for the collection of debts subject to legal proceedings, the seizure of the debtor's movable and immovable assets, e-seizure processes, and corporate receivable management. We offer full compliance with legal legislation to our clients in initiating enforcement proceedings with or without a judgment through enforcement directorates, managing lawsuits for bad checks and promissory notes (bonds), obtaining precautionary attachment orders, and converting debtor assets into cash.
What is Enforcement and Bankruptcy Law?
Enforcement law is a branch of law that closely concerns public order, regulating the forced collection of debts that are not voluntarily paid by the debtor, through state power (enforcement offices).
The enforcement proceeding process applied by the creditor to seek legal rights is strictly bound by procedural rules. In this process, an application is made to the authorized enforcement office, and an execution order or payment order is sent to the debtor. If the debt is not paid within the given legal periods or if an unfair objection is not made to the proceeding, the stage of seizing the debtor's movable, immovable assets, and rights regarding third parties (salary, bank account, etc.) begins.
Enforcement law protects not only the rights of the creditor but also the fundamental rights and laws of the debtor and third parties. Balances such as the minimum living conditions necessary for the debtor to survive, assets that cannot be seized, and legal objection periods are determined by law. Therefore, it is of vital importance that the processes are followed by an expert debt collection lawyer.
How are Enforcement Proceedings Conducted?
Enforcement proceeding is a formal and legal process initiated by a creditor who cannot collect their receivable through normal channels, to achieve their right through the authorized organs of the state. Enforcement proceedings are basically divided into two: with judgment (based on a court decision) and without judgment (based on any document, invoice, or negotiable instrument).
In order to initiate proceeding transactions, the follow-up request prepared by the creditor or their proxy is submitted to the enforcement directorate. The payment order issued by the enforcement office is notified to the debtor. The debtor has the right to object to this order within legal periods. Based on proceedings that are finalized because no objection was made or as a result of a lawsuit for the removal/cancellation of the objection, seizure annotations are processed on the debtor's queried assets.
Legal Debt Recovery Processes
Debt recovery is carried out within legal boundaries, primarily by sending a warning letter to the debtor through a notary public or by directly proceeding to enforcement. Our enforcement and bankruptcy law allows the parties to give undertakings in the presence of the enforcement office or to make mutual settlement (peace) protocols so that the receivable can be collected quickly and with minimum expense. In cases where an agreement cannot be reached, harsh legal measures such as the sale of real estate through foreclosure, vehicle seizure, and confiscation operations come into play.
Seizure of Assets Through Enforcement (Foreclosure)
Seizure is the process of legally confiscating the property, receivables, and rights belonging to the debtor by the enforcement directorate in order to ensure the payment of the debt subject to a finalized enforcement proceeding. Seizure transactions are carried out in accordance with the prohibition of excessive seizure, so as not to exceed the amount of the debt. While the basic living materials in the debtor's house are excluded; if any, vehicles, title deed records, bank deposits, and company shares are seized electronically (via UYAP) or physically.
What is an Enforcement File and How is it Reviewed?
An enforcement file is an official folder opened in the enforcement directorate where all stages, notifications, decisions, and fee receipts from the beginning of the proceeding to the full collection of the receivable and closing of the file are collected. Today, enforcement files can also be reviewed online via the UYAP Citizen or UYAP Institution portal. Since an irregular notification or an erroneous account in the file can directly affect the course of the proceeding, the follow-up of the file must be carried out meticulously.
What is the Difference Between an Execution Order and a Payment Order?
Two concepts that are frequently confused in legal language, execution order and payment order, change according to the basis of the proceeding. If you have a court judgment or a document considered a judgment, an Execution Order is sent to the debtor, and the possibility of objection is very limited. For proceedings based on undocumented or ordinary written documents, a Payment Order is sent; the debtor can stop the proceeding by objecting to this order within the legal period (usually 7 days).
Enforcement Criminal Lawsuits and Sanctions
In the Enforcement and Bankruptcy Law, certain acts are defined as crimes in order to protect the rights of the creditor. For example; in cases such as committing to pay the debt in the enforcement office and violating this commitment without a justified reason (Violation of Commitment), not paying alimony debt, or failing to declare assets, a disciplinary imprisonment decision can be made about the debtor upon the complaint of the creditor by the Enforcement Criminal Court.
Professional Debt Collection & Recovery Services
Enforcement advocacy is one of the most active fields of law that protects the financial balance of commercial life and personal relationships. An effective debt collection lawyer is an expert who can quickly obtain a precautionary attachment order against the possibility of the debtor smuggling assets, conducts deep asset checks, and keeps the collection capability of the receivable at the maximum level. As ATK Law Firm, we produce the most effective legal solutions by observing the balances between the debtor and the creditor.
How are Enforcement Lawyer Fees Determined?
Attorney fees in enforcement lawsuits and proceeding transactions are freely determined based on the amount of the receivable subject to proceeding, the complexity of the work, and the labor to be spent, provided that it is not less than the Attorneys' Minimum Wage Tariff (AAÜT) published annually by the Union of Turkish Bar Associations. Generally, apart from the "enforcement attorney fee" collected from the debtor by the enforcement offices, an agreement is made between the client and the attorney at the beginning of the case to be fixed or proportional (percentage over collection).
Choosing the Right Debt Recovery Attorney and Their Duties
When choosing the right enforcement lawyer, criteria such as the file tracking speed of the office, its practical experience in enforcement offices, its ability to use the UYAP system effectively, and its ability to provide regular reporting to the client about the processes should be taken into consideration. The primary duties of the enforcement lawyer include; making debtor queries on time, renewing seizures, entering sale requests into the system without missing the periods, and safely transferring the collected money to the rightful owner.