How to Initiate Enforcement Proceedings? Creditors’ Rights and Debtors’ Obligations

İşte “İcra Takibi Nasıl Başlatılır? Alacaklıların Hakları ve Borçluların Yükümlülükleri” başlıklı makalenin İngilizce ve Arapça çevirileri:

English Version 🇬🇧

Title: How to Initiate Enforcement Proceedings? Creditors’ Rights and Debtors’ Obligations

Meta Description: How does the enforcement process work? Rights and obligations of creditors and debtors. Basic information about the objection period to the payment order, foreclosure, and the legal process.

Introduction The most effective legal way to collect a receivable that is not paid on time is “enforcement proceedings” (icra takibi). This process, regulated by the Enforcement and Bankruptcy Law, allows the creditor to collect their receivable from the debtor who fails to pay through the power of the state. The process is subject to strict and precise deadlines, which are critically important for both those trying to collect their receivables and those who are served with a payment order. In this article, we examine step-by-step how enforcement proceedings are initiated and what the rights and obligations of the parties are in this process.

From the Creditor’s Perspective: How to Initiate Enforcement Proceedings?

If you have a receivable and the debtor is not making the payment, you can claim your receivable without needing a court judgment (enforcement without judgment – ilamsız takip).

1. Preparation of Enforcement Request: The process begins with the creditor or their lawyer preparing an “enforcement request” (takip talebi). This document contains basic information such as the identity details of the creditor and debtor, the reason for the debt, and the amount.

2. Application to the Enforcement Office: An application is made to the authorized Enforcement Office with the prepared enforcement request, and the necessary fees are paid.

3. Sending the Payment Order: Upon your application, the Enforcement Office sends an official “Payment Order” to the debtor. This document is an official notification stating that the debt must be paid within 7 days or objected to within the same period. With this notification, the process begins for the debtor.

From the Debtor’s Perspective: What Should You Do When You Receive a Payment Order?

If a payment order from the Enforcement Office arrives at your address, you have three main options, and you have only 7 days from the date of notification to evaluate these options. This period is vitally important.

Option 1: Pay the Debt If the debt stated in the payment order is correct, the simplest thing you need to do is to pay the debt to the bank account of the Enforcement Office specified in the payment order within 7 days. When the payment is made, the file is closed, and the proceeding ends.

Option 2: Object to the Debt If you think you do not have such a debt, have paid the debt before, or the amount claimed is incorrect, you must object with a written petition to the Enforcement Office within 7 days from the notification of the payment order to you.

• Result of Objection: A valid objection made within the period automatically stops the enforcement proceedings. After this stage, the creditor cannot take any foreclosure action against you.

• What Does the Creditor Do? Upon the suspension of the proceedings, the creditor has to file a lawsuit for “cancellation of objection” or “lifting of objection” in court to prove that the receivable is real.

Option 3: Do Nothing (The Riskiest Path) If you do not pay the payment order or object within 7 days, the proceeding becomes final. This means you legally accept the debt.

• Finalization of Proceedings: After the proceeding becomes final, the creditor can start using legal rights to collect the debt.

The Stage After Finalization: Foreclosure (Haciz)

If the debtor does not object within 7 days or if the objection is found unjustified as a result of the lawsuit filed, the proceeding becomes final, and upon the creditor’s request, the foreclosure stage begins. At this stage, the Enforcement Office can seize the debtor’s:

• Bank accounts,

• Part of their salary (usually 1/4),

• Movable/immovable properties such as house or car, in an amount sufficient to cover the debt.

These seized assets are then sold (converted into money), and the creditor’s debt is paid with the proceeds obtained.

Conclusion The enforcement proceeding process is a path with serious consequences for the parties and subject to strict procedural rules. While taking the right steps speeds up collection for the creditor, missing the 7-day objection period for the debtor can lead to facing foreclosure even for a debt that does not actually exist. Therefore, whether you are a creditor or a debtor, getting support from an enforcement law lawyer without wasting time when you are involved in an enforcement proceeding is the right step to protect your rights.