Proceedings with and without judgment
Commencing proceedings based on a deed or a judgment, and managing the consequences of an objection to the payment order.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 10
Enforcement and Insolvency Law
From pursuing a debt to recovering it; conduct of actions to set aside objections, negative declaratory relief, title claims and insolvency proceedings.
Last updated: · UTU Hukuk & Danışmanlık
Success in enforcement proceedings is usually determined by choosing the right route. The difference between proceedings without judgment, proceedings specific to negotiable instruments and realisation of a pledge is decisive in terms of objection periods, the effect of an objection and the speed of recovery.
UTU Hukuk & Danışmanlık acts for creditors and debtors in commencing and conducting enforcement proceedings, actions to set aside and remove objections, actions for negative declaratory relief and restitution, and attachment, sale and ranking list procedures.
For corporate clients we regularly manage bulk debt portfolios, provide collection reporting and carry out debtor asset investigations.
Scope
Which Enforcement and Insolvency Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Enforcement and Insolvency Law on the following matters: Proceedings with and without judgment, Negotiable instrument proceedings, Setting aside and removal of objections, Negative declaratory relief and restitution, Attachment and sale, Title claim actions and Insolvency and composition with creditors. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Negotiable instrument proceedings
Attachment proceedings based on promissory notes, bills of exchange and cheques, and examination of objections to signature and to the debt.
Setting aside and removal of objections
Continuing proceedings stayed by an objection, and claims for damages for wrongful denial.
Negative declaratory relief and restitution
Actions for a declaration that no debt is owed and for recovery of sums wrongfully collected.
Attachment and sale
Attachment of movable and immovable property, objections to valuation, auction procedures and actions to annul an auction.
Title claim actions
Acting for parties in actions brought on the ground that attached property belongs to a third party.
Insolvency and composition with creditors
Proceedings by way of insolvency, composition proceedings replacing postponement of bankruptcy, and representation of creditors.
Authorities
Which authorities hear Enforcement and Insolvency Law cases?
Depending on their nature, Enforcement and Insolvency Law cases are handled before Enforcement Office, Enforcement Court, Enforcement Criminal Court and Commercial Court of First Instance. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Enforcement Office
- Enforcement Court
- Enforcement Criminal Court
- Commercial Court of First Instance
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Enforcement and Insolvency Law — frequently asked questions
In proceedings without judgment, an objection automatically stays the proceedings. The creditor must bring an action to set aside the objection or apply to the enforcement court to have it removed.
As a rule, attachment is applied to not less than one quarter of the salary. Alimony claims are not subject to this limit. A retirement pension, as a rule, cannot be attached without the debtor's consent.
An asset investigation is carried out; land registry, vehicle, bank and social security records are searched. If there is a suspicion of asset concealment, an action to set aside the disposition arises.
No. It gives the debtor time and the opportunity to restructure; the approval of creditors and confirmation by the court are required. Enforcement proceedings are stayed throughout the process.
The costs of the proceedings are met by the creditor in the first instance and recovered from the debtor once the proceedings conclude.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
03Commercial LawFrom the formation of commercial contracts to the resolution of disputes; unfair competition, current account and commercial debt f…View 02Corporate LawFrom incorporation to liquidation; corporate law support in share transfers, general assemblies, directors' liability and shareholder disputes …View 08Real Estate LawTitle deed cancellation and registration, construction in return for flats, expropriation, dissolution of joint ownership a…View
Our Publications
Our articles on Enforcement and Insolvency Law
Attachment
During an attachment, regarding an item attached in the hands of the debtor or of a third person, a third party, against the attaching creditor…
56 min readEnforcement Proceedings and Their Types
WHAT ARE ENFORCEMENT PROCEEDINGS AND WHAT ARE THEIR TYPES? From a debtor who does not pay the creditor’s claim on time and voluntarily, by means of state power…
30 min readLiability of Cooperative Members to the Cooperative’s Creditors
I. LIABILITY FOR COOPERATIVE DEBTS A. LIABILITY OF THE COOPERATIVE Overview Pursuant to Article 28 of the Cooperatives Law, ‘‘…
15 min readHow Is an Ordinary Partnership Formed, and What Are the Partners’ Rights and Obligations?
How Is an Ordinary Partnership Established? An ordinary partnership, for a common purpose, the labour and assets of two or more persons…
8 min readThird-Party Ownership Claims over Property Not Belonging to the Debtor during Attachment
– THIRD-PARTY OWNERSHIP CLAIM RAISED BY THE DEBTOR: Attachment carried out by the creditor on account of the enforcement file debt…
5 min readNegative Declaratory Action – Mediation
IS MEDIATION A PRECONDITION FOR ACTIONS FOR NEGATIVE DECLARATION? By Law No. 7155, the Turkish Commercial Code No. 6102…
2 min readLet us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.