Enforcement and Bankruptcy Law

Enforcement and bankruptcy law governs the relationship between creditors and debtors, the state-assisted collection of debts, and the legal avenues available when obligations cannot be met. This page is intended to provide general information on the principal topics in this field, from debt enforcement and attachment to the annulment of objections and bankruptcy proceedings under Turkish law.

Scope of the Field

Proceedings conducted under the Turkish Enforcement and Bankruptcy Code (İcra ve İflas Kanunu) concern both individuals and commercial enterprises. The main matters include:

• Enforcement proceedings with and without a court judgment, and debt collection
• Proceedings based on negotiable instruments such as cheques and promissory notes
• Attachment (haciz), sale, and liquidation of assets
• The debtor's objection to a payment order, and the annulment or removal of that objection
• Bankruptcy and composition (konkordato) procedures

How the Process Generally Works

A creditor initiates proceedings by applying through the enforcement office. A payment order is served on the debtor, who may object within the statutory period or pay the debt. If an objection is raised, the proceeding is suspended, and the creditor may pursue the claim through the court (an action for annulment of the objection) or before the enforcement court (removal of the objection). Where no objection is made or the objection is overcome, attachment and sale measures may follow. If the debt cannot be satisfied, the provisions concerning bankruptcy may become relevant where the legal conditions are present.

What Clients Should Keep in Mind

Careful attention to procedural deadlines is essential:

• The period to object to a payment order is generally seven days from service.
• Statutory time limits apply to filing an action for annulment of an objection.
• Preserving documents such as instruments and contracts is important for evidentiary purposes.
• Where there is a concern that assets may be concealed, interim protective measures such as precautionary attachment may be considered.

Because every dispute has its own particular circumstances, general information cannot replace an assessment of the specific case.

How the Firm Assists

The firm provides legal advisory services and represents clients in disputes relating to debt enforcement, attachment proceedings, annulment of objections, and bankruptcy matters within the field of enforcement and bankruptcy law. Proceedings are conducted in accordance with the relevant legislation and judicial practice, and in a manner suited to the client's circumstances. You are welcome to contact the firm with your questions on these matters.