Legal Basis for Enforcement Proceedings
Enforcement proceedings applied for the collection of commercial receivables are regulated within the scope of the Enforcement and Bankruptcy Law. Enforcement proceedings are an important way for the creditor to protect their rights quickly and effectively. This legal process ensures that the receivables are collected from the debtor and provides legal security.
Definition and Scope of Trade Receivables
Commercial receivables are monetary debts arising from commercial activities and that have a payment obligation. Such receivables are not limited to examples such as receivables arising from the sale of goods or services, rental fees, check and promissory note amounts. Commercial Law and the Code of Obligations determine the scope of commercial receivables.
Conditions for Initiating Enforcement Proceedings
In order to initiate enforcement proceedings, the identity of the creditor, the debtor information and the exact amount of the receivable are required. The receivable must be legally valid, due and payable. In addition, the receivable must be documented; for example, an invoice, contract or promissory note.
Types of Enforcement Proceedings
There are two main types of enforcement proceedings: monetary enforcement and judgment-based enforcement. Money-related enforcement is aimed at collecting receivables through documents such as promissory notes and invoices. Judgment-based enforcement is based on a court decision and produces more definitive results.
Preparing an Enforcement Request
The request for follow-up can be made to the enforcement office in writing or electronically. The request includes the amount of the receivable, the reason for the receivable and the party information. The file is created by attaching the documents and the process is initiated.
Follow-up Process and Notification to Debtor
The enforcement office notifies the recipient of the request for enforcement. A payment order is sent to the debtor and a period of time is given for payment. During this process, notification procedures are carried out in accordance with legal rules.
Objection to the Debtor and Aftermath
If the debtor objects to the payment order, the enforcement proceedings are stopped and a lawsuit must be filed. In order for the objection to be lifted, the creditor must prove that the objection is unjust. If the objection is not lifted, the receivable cannot be collected.
Finalization of Payment Order and Execution Procedures
When the payment order becomes final, the seizure and sale procedures begin. The debt is collected by seizing the debtor's assets. Enforcement proceedings based on court decisions yield faster results.
Enforcement Proceedings and Legal Support in Antalya
In Antalya, the enforcement proceedings process in the collection of commercial receivables are carried out with regional practices. Lawyer Mediator Billur Güler Aslım provides expert support in legal consultancy and follow-up transactions during this process. She provides professional guidance in file preparation, follow-up application and legal objection processes.
Frequently Asked Questions
Who covers the costs?
→ Usually the debtor pays the expenses.
How long does enforcement proceedings take?
→ It can take between 1-3 months on average, depending on the process.
Is electronic enforcement proceedings possible?
→ Yes, electronic tracking can be done via UYAP.
What happens if the debtor objects?
→ The pursuit stops, a lawsuit must be filed.
How is a lien implemented?
→ The debtor's assets are seized through official proceedings.
Do I need to initiate proceedings with a lawyer?
→ Not mandatory, but reduces legal risks.