Enforcement & Bankruptcy Law and Consultancy Services

Enforcement and Bankruptcy Law is the field of law that regulates the procedures to be followed in cases where debtors fail to fulfill their obligations and describes the use of the state's coercive power to satisfy the creditor's claims. In economic life, the continuity of the 'debt-credit' relationship is essential for market stability; however, when this balance is disrupted, legal mechanisms are required to restore justice. Our law firm in Adıyaman provides comprehensive legal services for the efficient recovery of both individual and corporate debts while ensuring the legal protection of debtors against unfair or excessive enforcement measures. We believe that justice is served when the creditor receives their due without infringing upon the human dignity and legally protected rights of the debtor. Enforcement law is not just about collection; it is the art of balancing rights and responsibilities under the supervision of the state.

Enforcement Proceedings Without Judgment (General Proceedings)

The most common method of debt collection in Turkey is Enforcement without Judgment, carried out under the General Enforcement Office. This method allows a creditor to initiate proceedings for a monetary debt or security without the need for a prior court judgment. Once the payment order is notified, the debtor has 7 days to object to the debt or signature. If no objection is made, the proceeding becomes final, and the creditor can proceed with the seizure of assets. We guide our clients through the strategic timing of these proceedings, the preparation of accurate debt calculations including interest (default interest, commercial interest), and the management of finalization processes. For debtors, we provide immediate assistance in filing objections to halt unjust proceedings, ensuring that 'legal periods' are strictly observed, as missing these deadlines can lead to irreversible financial loss.

Enforcement of Bills of Exchange: Checks and Promissory Notes

Under the Turkish Enforcement and Bankruptcy Code (EBC), Bills of Exchange (Check, Promissory Note, Bill) benefit from a more rigorous and more efficient enforcement process. The objection period is shorter (5 days), and the grounds for objection are more limited compared to general proceedings. We specialize in the collection of receivables based on commercial papers, ensuring that formal requirements (place of issue, date, signature, 'order' clause) are meticulously met to maintain their status as negotiable instruments. In cases where the check or bond is forged or its signature is disputed, we represent debtors in 'Signature Objection' cases before the Enforcement Courts. We also handle the process of 'Enforcement of Judgments' (İlamlı Takip), where a court decision is executed directly, allowing for little to no objection by the debtor regarding the merits of the case.

Precautionary Attachment (İhtiyati Haciz): Protecting the Receivable

To prevent a debtor from smuggling assets or preparing to flee, Precautionary Attachment is a vital legal tool. This is a temporary legal protection granted by the court that allows for the immediate seizure of the debtor's assets before or during a main enforcement proceeding. We assist creditors in proving the 'necessity' and 'urgency' of the attachment to the court and managing the collateral (security) requirements. For debtors, we challenge these attachment orders if the legal conditions are not met, seeking for the release of assets through the provision of bank letters of guarantee or other suitable securities. Precautionary attachment is the 'emergency room' of enforcement law, requiring rapid action and precise legal drafting.

Negative Declaratory Actions and Restitution Claims

A debtor who believes they do not owe a debt that is being enforced through an 'enforcement without judgment' can file a Negative Declaratory Action (Menfi Tespit Davası). If the lawsuit is filed before the proceeding becomes final, the court may issue a stay of execution upon the payment of a 15% security. If the debt has already been paid under threat of enforcement, a Restitution Claim (İstirdat Davası) is filed to recover the money. Our firm has deep experience in these 'counter-strikes,' protecting clients from aggressive or fraudulent collection attempts. We use bank records, commercial books, and witness testimonies to prove that the debt has either never existed, was already settled, or is legally void.

Attachment, Appraisal, and Electronic Sale (E-Sale)

Once a proceeding is final, the Attachment (Foreclosure) stage begins. This involves the legal seizure of the debtor's movable property (vehicles, machinery, stocks), immovable property (land, residential, commercial), and rights in third parties (bank accounts, shares, salary garnishment). We personally accompany the enforcement officers during 'on-site' attachments to ensure that seizable assets are accurately recorded. Following attachment, a Legal Appraisal (Value Determination) is conducted. We represent clients in objecting to undervalued appraisals, ensuring the asset is sold at its fair market value. The sale process is now primarily managed via the E-Sale (Electronic Sale) Portal. We assist bidders in participating in these auctions and help creditors/debtors monitor the process to prevent irregularities.

Claims of Non-Seizability and Irregular Notifications

Not all assets can be seized. Under the EBC, the 'debtor’s house suitable for their social standing,' tools necessary for their profession, and 1/4th of their salary are protected from attachment. We file Claims of Non-Seizability (Meskeniyet Şikayeti) before the Enforcement Courts to release assets that have been unlawfully seized. Furthermore, if a payment order was not notified according to the Notification Law (Tebligat Kanunu), we file for 'Cancellation of Notification,' which reverts the proceeding back to the notification stage, allowing the debtor to use their right to object. We believe that the law should not leave a person destitute; hence, we vigorously defend the minimum subsistence rights of our clients.

Bankruptcy Law: Liquidation and Assets

Bankruptcy is the collective liquidation of a merchant debtor's entire assets to satisfy all creditors simultaneously. A bankruptcy decision by the Commercial Court of First Instance results in the 'Opening of Bankruptcy.' We assist creditors in filing for bankruptcy against their debtors and representing them in the Creditors' Meeting (Alacaklılar Toplantısı). For debtors, we provide consultancy on avoiding bankruptcy through voluntary liquidation or restructuring. We manage the process of 'Registering Receivables' to the bankruptcy estate (Masa), ensuring that our clients are included in the 'Rank List' (Sıra Cetveli). In case of unfair ranking, we file 'Actions for Cancellation of the Rank List,' aiming to move our clients' claims to a higher priority.

Concordat: The Shield Against Bankruptcy

For companies and individuals whose financial state is deteriorating but who remain viable, Concordat is the most effective legal remedy. It is a court-supervised debt restructuring agreement between the debtor and the majority of their creditors. Once the court grants a 'Temporary Period' (Passage), the debtor is protected from all enforcement proceedings, including the foreclosure of mortgages (with some exceptions). We specialize in preparing the Concordat Preliminary Project, obtaining the necessary independent audit reports, and coordinating with the Concordat Commissars (Komiserler). We guide companies through the 'Definitive Period' and the final 'Approval' stage, aiming to reduce the debt burden and extend payment terms, thereby preserving the company's existence and employment.

Liability of Company Managers and Partners

In cases where a legal entity (company) has unpaid public debts (taxes, social security premiums), the state can pursue the personal assets of the Legal Representatives (Board Members, Managers) or partners under Law No. 6183. We represent managers in defense cases against 'Payment Orders' issued personally to them, arguing the lack of 'duty of care' breach or proving that the company had sufficient assets at the time of the debt's accrual. We also handle 'Action for Cancellation of Disposition' (Tasarrufun İptali Davası) filed by creditors against debtors who have 'smuggled' assets by transferring them to relatives or third parties at undervalued prices before the enforcement.

International Execution and Recognition

In a globalized economy, a debtor's assets may be located in multiple countries. We assist in the Recognition and Enforcement of foreign court judgments and arbitration awards in Turkey. Conversely, we work with international partners to execute Turkish judgments abroad. We provide consultancy on the 1958 New York Convention and bilateral treaties regarding the cross-border recovery of maintenance/alimony and commercial debts. Our firm handles the complex 'Apostille' and 'Consular Legalization' processes, ensuring that international legal documents are ready for the Turkish enforcement system.

Enforcement Criminal Law

The EBC also includes penal provisions for certain acts committed by debtors to the detriment of creditors, such as 'Violation of Commitments' (Taahhüdü İhlal), 'Smuggling of Assets to Defraud Creditors,' or 'Reducing the Assets in Bankruptcy.' We represent either the complainant or the defendant in Enforcement Criminal Courts. We emphasize that enforcement 'commitments' must be made according to very strict formal rules to lead to a 'tazyik hapsi' (coercive imprisonment), and we protect clients from unjust imprisonment resulting from faulty commitment protocols.

Debt Structuring and Negotiation

Beyond the courtroom, we act as skilled negotiators to reach Out-of-Court Settlements. Developing a payment plan through 'Peace Protocols' (Sulh Protokolü) is often faster and less costly than a full-blown enforcement process. We manage the dialogue between the parties, ensuring that the settlement is recorded in a way that provides the creditor with a 'judgment-like' title in case of breach. Our goal is to find the most practical and reresonable path to debt resolution, prioritizing the financial interests of our clients above all else.

In summary, Adıyaman Enforcement Lawyer service is not just about filing papers; it is about providing a strategic road map for financial recovery and stability. Whether you are a creditor seeking your hard-earned rights or a debtor facing overwhelming financial pressure, our firm offers the technical Legalise and determined advocacy you need. We navigate the complexities of the EBC to provide you with clarity, protection, and results. In the world of finance, legal security is the most valuable asset, and we are here to provide it for you. Your rights are the foundation of our profession, and we defend that foundation with every legal tool available.