Enforcement Law

Enforcement Law

Compulsory execution is the power of the state to use force. The branch of law that makes it possible for creditors against people who do not pay their existing debts and do not fulfill their obligations to obtain their receivables with state assistance and explains how to do so is enforcement and Bankruptcy Law.

In the context of our Execution Attorney Service, which we offer under compulsory execution law, it is possible to say that the authority to use force is an authority only given to the state. It is possible for the state to impose sanctions through various authorities in order for a creditor to receive its receivables. This sanction authority is the execution offices of the execution directorate. It is possible to say that in execution offices, The rights and goods that the debtor is obliged to pay are seized, seized goods are finally sold and converted into money and paid for the receivable.

Execution Proceedings

Execution proceedings serve to collect the money of the people who have a claim in the debtor and cannot provide this receivable, by applying to the sovereign power of the state. In the event that the debtor does not pay his debt despite the execution proceedings, some rights are offered to the creditor within the scope of our Execution Lawyer service. These rights can be specified as lien or selling the debtor’s property. However, legislators, who do not want the creditor to be too strong, have granted some rights to the debtor in this context.

First of all, the execution and bankruptcy law has been highly formalized in order to prevent any aggrievement due to the right of direct intervention of the debtor’s assets. Within this formalism, which can be handled within the scope of the Istanbul Execution Attorney service, the debtor has the opportunity to object to the notification of the payment order. It is useful for those who request attorneyship and consultancy services within the scope of Execution Attorney to know that this period is limited to 7 days.

As can be understood from the information given above, the debtor has the right to appeal against the proceedings sent to him. However, it is useful to know that if the debtor does not use his/her right of appeal to the prosecution within 7 days, the execution proceedings will become final.

Appeal to Execution Proceedings

The periods of appeal to execution proceedings vary depending on the appeal procedure and authority. It is especially useful to know that it is not possible to appeal if there is a judicial execution. Appeal is valid only for enforcement proceedings without judgment. This issue will be discussed below. In this context, information on how to make an appeal is as follows.

Appeal in Legal Proceedings by General Seizure

In the event of a legal proceedings through general seizure, the duration of appeal to prosecution is limited to 7 days. It is possible for the debtor to go to the execution office within 7 days following the notification of execution proceedings and stop the execution proceedings with a simple petition. Within the scope of our Execution Lawyer service, we can say that; following the appeal of the debtor, the creditors have to file a lawsuit for the annulment of the objection. Otherwise, it is not possible to continue execution proceedings. That means that the debtor gets at least 12 to 18 months more. It is possible for those who think they are free of debt to demand that the creditor prove their debt by appealing to the related debt.

Appeal in Proceedings by means of Seizure Regarding Foreign Exchange

In the foreign exchange proceedings made by the creditor based on the checks, bills and policies; In order to appeal to the debt, a petition of appeal must be submitted to the execution court within 5 days. There is a 5-day period to object to the signature on the bill. It is beneficial for those who request Execution Lawyer service to consider these periods.

Types of Execution Proceedings

Objection to execution proceedings have various differences as stated above. It is possible to say that these differences arise depending on the types of execution proceedings. The types of execution proceedings that can be discussed in this context are as follows.

• Execution Proceedings without Judgement

The type of proceeding, which can be opened with or without a document due to the presence of any receivable status, is called execution proceedings without judgment. It is possible for anyone who needs to open this execution proceeding. Because there is no basis in the execution proceedings without judgment. Within the scope of our Execution Lawyer service, it is possible to say that GSM operators, invoice receivables and bank loan agreements are generally subject to execution proceedings without a judgement.

It is not an advantageous situation that the execution proceedings without a judgement do not require any basis and that they can be opened with or without any document. Because, the possibilities of individuals to object to the execution proceedings increase. For this reason, in our Execution Lawyer service, it is not possible to continue the proceedings without the cancellation of the objection.

• Execution Proceedings with Judgement

It is the type of execution proceeding applied as a result of a decision of a public institution or a court-ruled public institution. It is possible to say that this type of execution proceedings is carried out as a result of the decision of the courts.

• Pledge Proceedings

Pledge proceedings, also called proceedings by converting pledge into money, is due to vehicle or construction equipment contracts. In addition, it is possible to follow the pledge with or without a verdict. However, regardless of the method, the purpose is to put the contract item on sale by execution. Within the scope of our Istanbul Execution Lawyer service, it is possible to appeal to the pledge proceedings with judgement only through the court, while the objection to the pledge proceeding without judgment can be made by execution.

• Pledge Proceedings

In general, pledge proceedings arising from housing contracts is not a type of execution proceeding that can only be opened with a petition for a proceeding request. In the context of our Execution Lawyer service, it is obligatory to add a pledge certificate or official certificate, floor notice, debt contract and finalization statement in addition to the persons who request pledge proceedings. Proceedings by converting the pledge into money can be both with and without judgment. While the objection of the non-judgement one can be made by the execution office, the court should be preferred in order to object to the judged one.

Seizure

It is possible to say that after the finalization of any of the types of execution proceedings given above, the seizure process will be initiated. Seizure is the process of confiscating a certain amount of property or right by the execution office in favor of the buyer who has made the request in order to ensure the payment of a certain amount of money that is the subject of a final execution proceeding. In order for the debt to be obtained, the creditor must request seizure. Within the scope of our Execution Lawyer service, it is possible to say that seizure is divided into different types.

Provisional Seizure

Provisional seizure is a process that is carried out before the execution proceedings are finalized. However, the main reason for this transaction is the seizure of the property and rights of the debtor by the court in order to guarantee/warrant a receivable that the creditor thinks he cannot pay on time. The provisional seizure, which is a temporary transaction, is applied in non-final execution proceedings.

Bankruptcy

Although there is more than one reason why the debtor cannot pay his debt, it is known that the most common and valid reason in this context is bankruptcy. Bankruptcy, on the other hand, is “a collective liquidation method that allows a trader to pay the receivables of all known creditors by liquidating all of his seized assets.“. In the execution law, only the property of the debtor corresponding to the debt is seized. In bankruptcy, it is possible to say that all the assets of the debtor have been converted into money.

Within the scope of our Execution Lawyer service, we can say that; Execution law is a law applicable to all debtors. There is a rule set in bankruptcy. As a rule, only merchants are known to be subject to bankruptcy. As a result, it is possible to understand that; the extent of bankruptcy is very narrow compared to the extent of execution..

Another difference is that; In execution law, a debtor cannot start proceeding against itself. However, in bankruptcy, it is possible for individuals to request their own bankruptcy in some cases.

In the context of our Istanbul Execution Lawyer and direct Execution Lawyer services, it is possible to say that execution and bankruptcy law is a comprehensive branch of law. For this reason, great care must be taken to ensure that the rights of both the creditor and the debtor are not violated and that neither party is aggrieved. In this context, it is possible to say that we take great care in all of our attorneyship and consultancy services, and that we pay attention to the important points, both by information and direct service methods.

To have execution proceedings with and without judgement, to examine or to object to court decisions announced in this context by individuals who request an execution lawyer or counsel; to contact us in order to eliminate the unfair conditions of both seizure and execution proceedings. There is no distinctive aspect for us to be a creditor or a debtor in these cases.