Execution Law

Enforcement and bankruptcy law regulates the collection of receivables by compulsory execution within the framework of Law No. 2004 (Law on Enforcement and Bankruptcy - EBL) and the disputes arising in this process. As Ertan Law & Consultancy, we provide services in Bursa and its surroundings to both creditor and debtor clients at the stages of proceedings, objections, and litigation.

Types of Proceedings

Unsecured enforcement proceedings: Proceedings by way of general attachment for receivables without a court decision. The debtor has the right to object to the payment order within seven days.

Proceedings based on a court judgment: Enforcement of final court decisions.

Proceedings specific to negotiable instruments: The special route for promissory notes, checks, and bills of exchange. The formal requirements are decisive for the validity of the instrument. In this route, the periods for objection and complaint are shorter than in general attachment proceedings.

Proceeding for rent receivables and eviction: Payment order and eviction request where the rent is not paid. For the litigation dimension arising from the lease, you may refer to our Real Estate Law page.

Realization of pledges and mortgages: Proceedings for secured receivables.

For Creditors

Choosing the correct route of proceedings is the first decision that determines the course of the file. Before attachment, the debtor's assets are investigated; bank accounts, vehicles, immovable property, wages, and receivables held by third parties may be attached. Non-attachable assets and income are listed in Article 82 and following of the EBL. After attachment, the request for sale must be made within the period set out in the law; otherwise, the attachment may lapse.

For Debtors

The period begins to run once the payment order is served. The routes that may be resorted to are as follows:

• Objection to the payment order (to the debt and/or to jurisdiction)
• Objection to the signature (in negotiable-instrument and general attachment proceedings)
• Complaint (against irregularities in the enforcement procedure)
• Action for negative determination (establishing that no debt is owed)
• Action for restitution (recovery of the amount paid)
• Objections based on limitation and on payment of the debt

Lifting of the Objection and Setting Aside of the Objection

The proceedings are stayed upon objection. If the receivable is based on a document, the creditor may request the lifting of the objection (at the enforcement court); if it is not based on a document, the creditor may request the setting aside of the objection (at the general court). Both routes are subject to the periods set out in the law. In commercial monetary receivables, applying to a mediator before an action for setting aside the objection is a condition for filing a case (TCC Article 5/A).

Bankruptcy and Concordat

Proceedings by way of bankruptcy: The bankruptcy route and suspension of bankruptcy against debtors who operate a commercial enterprise.

Concordat: The restructuring of the debtor's debts by reaching an agreement with the creditors. Stages such as the period of provisional and definitive grace, the commissioner, and the meeting of creditors require technical expertise.

Insolvency and the liability of company directors: The obligations of the board of directors in the event of a balance-sheet deficit.