In case the money and guarantee receivables arising from private law relations are not paid by the debtor, the creditor can obtain this receivable with the public authority and assistance. Execution and Bankruptcy Law, on the other hand, is the branch of law that includes regulations on how this claim can be reached.
The person who cannot reach his/her receivable applies to the court to obtain his/her right and reach his/her receivable. If the court decides in favor of the creditor at the end of the lawsuit, the creditor may apply to the enforcement office and request that the judgment be enforced. Since a trial has already been made in the follow-up by writ of execution, the debtor’s opportunity to prevent the defense and proceeding is very limited.
This tracking path can only be used for money and collateral receivables. In order to apply for this procedure, there is no need to apply to the court and take a decision beforehand. The creditor may pursue proceedings against the debtor by applying directly to the enforcement office.
Since no trial has been made before in the execution proceeding without judgment, the debtor has been given the right to object to the proceeding. In general, the proceedings will be stopped with the objection of the debtor, and the creditor must finalize the proceedings through litigation in order to continue the proceedings. The way of execution without judgment is also in itself:
It is divided into three as follow-up through the evacuation of leased immovables.
A separate enforcement procedure is envisaged for the creditors whose receivables are secured by pledge. However, this way can only be applied for pledged receivables. Proceedings by converting the pledge into cash are also divided into two as follow up with a verdict and without a verdict.
If the debt is not paid in due time, the creditor of the pledge may request the sale of the pledge and the payment of its receivable from the price by resorting to this method. If the entire receivable is not met despite the sale of the pledge, the creditor may go to the debtor’s assets for the remaining part of the receivable by other means of proceedings.
Before the creditor has the right to demand a definitive lien, he gets the debt by placing a lien on the debtor’s assets at a rate that will meet his receivables and then turning these goods into a definitive lien. Thus, the creditor has the opportunity to collect his debt without giving the debtor the opportunity to smuggle the goods.
Bankruptcy is a comprehensive follow-up and liquidation method that takes all the assets of the debtor and aims to pay all debts. Upon the decision of bankruptcy about the debtor, all creditors can claim their receivables from the assets of the debtor.
All these foreclosure and bankruptcy processes that need to be followed very quickly, meticulously and professionally. It is very important to get professional help from the Enforcement lawyer both in the collection of receivables and in the process of objecting to the debt as a debtor. Thanks to our Istanbul Enforcement Lawyer and Enforcement Lawyer services, we are pleased to serve you with our experienced and expert staff. To you who need our help; to carry out enforcement proceedings with or without a verdict, to examine or object to the announced court decisions; We provide services to ensure that the unfair conditions of situations such as foreclosure and enforcement are eliminated. It is possible for you to benefit from our services, regardless of whether you are a creditor or debtor in these lawsuits and processes.
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