Diğer Hizmetlerimiz
Enforcement and Bankruptcy Law
Enforcement and Bankruptcy Law
Enforcement proceedings refer to the compulsory collection of a debt, in which creditors use state authority to recover their claims from debtors who fail to fulfill their obligations on time and voluntarily.
At Öner Law and Consultancy, we provide legal and advisory services to individuals and companies for the collection of their receivables in Turkey. Our primary principle is to ensure that our clients receive their claims quickly and with minimal costs.
As an Istanbul Enforcement Lawyer, we provide services to companies, institutions, and individuals regarding the implementation of all types of enforcement proceedings, monitoring of enforcement actions, and litigation related to such cases.
As a Bakırköy Enforcement Lawyer, we provide services to individuals and companies in matters such as the collection of receivables, filing objections against enforcement proceedings initiated against the debtor, handling other legal procedures, pursuing enforcement lawsuits, conducting seizures, provisional seizures, pledge transactions, mortgage procedures, and filing actions for annulment or removal of objections.
The procedure for non-judicial collection that can be applied to all monetary and secured claims, regardless of the source of the debt, is called a “general seizure proceeding.” To initiate a general seizure proceeding, the creditor does not need to have any document or court order in hand.
Individuals holding promissory notes, bills of exchange, or checks can initiate a seizure proceeding specific to negotiable instruments.
If a mortgage agreement does not include an unconditional acknowledgment of a monetary debt, the method the creditor must pursue is a non-judicial proceeding to convert the mortgage into cash.
Eviction of Leased Real Estate
It is a legal procedure initiated by the lessor to evict the tenant from the leased property in the presence of certain justified reasons (such as non-payment of rent). A written lease agreement is not required to initiate this process.
Action for Cancellation of Opposition and Removal of Opposition
When a non-judicial enforcement proceeding is halted due to the debtor’s objection, there are two legal avenues available for the creditor to continue the process within the non-judicial enforcement procedure: filing an action for annulment of the objection or filing an action for removal of the objection.
Precautionary Attachment
A provisional attachment is a measure by which the creditor temporarily seizes the debtor’s assets to secure the outcome of an ongoing or anticipated enforcement proceeding related to a monetary claim. Provisional attachment is a temporary measure and is only applicable to monetary claims.
Services We Provide in the Field of Enforcement Law at Öner Law and Consultancy
- Enforced execution, non-enforced execution proceedings
- Seizure and provisional seizure proceedings
- Pledge transactions
- Mortgage Transactions
- Collection of rent receivables
- Eviction of leased properties
- Enforcement proceedings based on eviction commitments
- Enforcement of child custody (Child surrender)
- Establishing a personal relationship with the child through enforcement
- Tracking apartment management expenses
- Follow-up on the conversion of movable collateral into cash
- Monitoring the conversion of mortgages into cash
Enforcement proceedings are legal proceedings initiated by the creditor by applying to the enforcement court in order to collect the debt. Enforcement proceedings are conducted by enforcement officers, and after the debtor is notified, a certain period of time is given for the debt to be paid. If the debtor does not pay the debt within this period, the creditor can continue the enforcement proceedings through the enforcement officers.
Bankruptcy occurs when a debtor becomes unable to pay their debts to their creditors. Bankruptcy proceedings may be initiated by the debtor’s creditors or by the debtor themselves. When a bankruptcy ruling is issued, all of the debtor’s assets are sold in accordance with the creditors’ claims, and the proceeds are used to pay off the debts.
Enforcement officers are official officials who perform duties in the enforcement process and carry out the executive tasks of enforcement courts. Enforcement officers carry out procedures such as initiating enforcement proceedings, serving notices to debtors, seizing and selling the debtor’s property, and making payments to creditors.
Seizure is the process of enforcement officers taking possession of the debtor’s property. Seizure can be applied to the debtor’s immovable or movable property in order for the creditor to collect the debt. The seizure process is carried out after enforcement proceedings have been initiated, and the debtor is served with a seizure notice. The seized property is then sold through enforcement proceedings.
Bankruptcy postponement is a situation that a debtor can request from the court in order to prevent the initiation of bankruptcy proceedings and to enable them to restructure or pay their debts within a certain period of time. A bankruptcy stay decision provides the debtor with an opportunity to improve their financial situation, but certain conditions must be met. During the stay period, the debtor may negotiate agreements with creditors and attempt to repay their debts.
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