Foreign creditors holding cheques, promissory notes or bills of exchange issued in connection with Turkish business transactions have access to a powerful collection tool under Turkish law: special execution proceedings on negotiable instruments (kambiyo senetlerine özgü icra takibi). This is a fast-track, document-driven enforcement mechanism regulated mainly by the Turkish Enforcement and Bankruptcy Law and […]
Under Turkish enforcement law, a debtor who believes that he or she does not actually owe the amount claimed is not limited to objecting to the payment order at the enforcement office. In some situations, the debtor may also file a “debt release action” (borçtan kurtulma davası) before the civil courts. This is a special […]
When a foreign creditor starts enforcement proceedings in Turkey and the Turkish debtor objects to the payment order, the enforcement automatically stops. At that point, the foreign creditor has two main legal remedies under Turkish Enforcement and Bankruptcy Law: Both remedies are subject to strict time limits and different evidentiary rules, so choosing correctly is […]
When a foreign debtor receives a payment order (ödeme emri) from a Turkish enforcement office, the rules on objection are essentially the same as for Turkish nationals. The critical points are time limits, form, and the distinction between objection to the debt and objection to the signature. 1. Service of the Payment Order and Time […]
Introduction: İstihkak Davası (Replevin / Ownership Claim) The concept of İstihkak Davası (Replevin / Ownership Claim) is one of the most powerful legal remedies under Turkish enforcement law. It enables the true owner of a property or movable asset to challenge wrongful seizure or possession. In practice, it is often used when goods are confiscated […]
Introduction In Turkey, when a debtor fails to fulfill their obligations, creditors have the legal right to recover their claims through the enforcement system.This process is governed by the Turkish Enforcement and Bankruptcy Law (EBL) and is carried out via Enforcement Offices under judicial supervision. Enforcement law aims to protect not only the creditor’s rights […]