Enforcement and Bankruptcy Law is a branch of law that established for the purpose of collecting the receivables by state power, for creditors who cannot collect their receivables. In this context, enforcement proceedings are initiated in the enforcement offices against the debtors who refrain from paying their debt and/or cannot be reached. The subject of the execution proceedings initiated against the debtor is the creditor’s receivable and the interests. In order to collect the receivables, sales transactions can be started by imposing a lien on the movable and immovable assets owned by the debtor. Or salary attachment can be sent for deduct the debt from debtors salary by determining the debtor’s workplace. Also, in order to collect the debt; notice of lien can be sent to third persons or banks who have debt to the debtor and they are requested to send the payment to enforcement office’s file. Enforcement and Bankruptcy Law allows us to obtain our receivables through the state. As Arslan Law Firm with the purpose of collecting our clients’ receivables , we initiate enforcement proceedings against debtors and we apply attachment and foreclosure in various ways as mentioned above. Against the debtors who fail to pay their debts which arise from the bill of exchange on time, enforcement proceedings are initiated as a method of bankruptcy for bills of exchange and it becomes possible to collect the receivable by execution. Also for collecting receivables, foreclosure of pledge property and foreclosure of mortgage legal procedures can be applied.
In any enforcement proceedings applied for the purpose of collecting the receivables, the legal periods to wait for the finalization of the proceeding may sometimes endanger the creditor’s receivable. In such cases which has risk of property smuggling by debtor; with obtaining precautionary attachment and without waiting the finalization of the execution proceedings by applying attachment on the movable and immovable properties owned by the debtor, by applying salary attachment to a quarter of debtor’s salary and by blocking debtor’s bank accounts and etc. We prevent the bad faith of the debtor and increase the opportunity of collecting the receivable. At the same time, as part of the enforcement of foreclosure, actual attachment at the debtor’s address may be applied. In this way, movable property belonging to the debtor can be attached and kept at the debtor’s address through the enforcement office. This stage often results in collection because this procedure is deterrent for borrowers who have bad faith and avoiding paying the debt. However, at this stage, in the events which the third person claims the title on the property to be confiscated at the address and / or the debtor’s claim title stating that the property belongs to the third party, enforcement officer will record this matters in the attachment report and transfer the situation to the enforcement office. The creditor and the debtor are given a deadline to file an objection against this claim title within three days by the enforcement office. If no objection is filed against the claim title, the claim is accepted and the attachment on the movable will be removed. However, in case of an objection against the claim title within the given time, the enforcement office sends the file to the enforcement court in order to decide on the outcome of the proceedings. The enforcement court can decide to cancel/ suspend or to continue the proceedings. Against the decision regarding the continuation of the proceedings, the third person who claims title must file a action for restitution within 7 days. Therefore, at the addresses where the attachment is applied, it should be determined and documented whether the address is the debtor’s or the company’s common residence by searching the documents, invoices etc.
In case of non-fulfillment of rental payments, enforcement proceedings can be initiated through the evacuation of the rented property on behalf of our clients and in this way, the rents that the tenant refrains from paying can be collected from the debtor through enforcement. As stated, we initiate enforcement proceedings against the tenant in order to collect the rental fees for our clients and we ensure that the rented place is evacuated with our client’s request.
On the other hand, Enforcement and Bankruptcy Law is a branch of law that also deals with disputed receivables. The debtors have the right to appeal against the enforcement proceedings initiated against themselves within the legal period. On the other hand, since the debt subject to enforcement will not be finalized, the unjust objection of the debtor should be canceled first. On the other hand, since the subject to execution proceeding will not be certain, the unfair objection of the debtor should be canceled first. However, we often encounter situations where enforcement proceedings are initiated against you even though you are not a debtor, and unfair collection is desired through enforcement. There are some situations where you have to make an unfair payment or you suffer unfair damage as a result of the sale of your movable and/or immovable due to foreclosure because you did not claim your right to appeal within the legal period. In these cases, a negative clearance action to determine that you are not indebted, and in cases where you have made an unfair payment, a action to trover must be filed with a refund request. We recommend you to take legal support from a lawyer, because aforementioned types of cases put a huge burden on you in the debtor position in terms of the burden of proof.
A part of the Enforcement and Bankruptcy Law is also regulated by the punishment of people who do not fulfill their obligations determined in the law, with preventive detention due to their violations. In this case, for an example to punish the alimony debtors who refrain from paying the alimony they is obliged to pay complaints can be made to the enforcement courts. As a result of this trial, court will decide to preventive detention to the debtor who refrains from paying (for the unpaid mounts of alimony about ). We, in order to relief of our customers’ grievances and to have their alimony receivables, are applying to the method of complaint and the method of compulsory execution.