We conduct enforcement proceedings from start to finish so that receivables arising from companies’ commercial activities are collected in full and on time. In each file we first assess the basis of the claim, the debtor’s assets and the prospects of collection, and choose the type of proceedings accordingly.
For receivables arising from invoices, current accounts or contracts that have not yet been established by a court decision, we initiate enforcement proceedings without a judgment. For receivables established by court or arbitral decisions, we have the decision enforced through enforcement proceedings based on a judgment. For dishonoured cheques and unpaid promissory notes and bills of exchange, we pursue cheque and note claims quickly and effectively through proceedings based on negotiable instruments.
Throughout the proceedings we follow every stage, from service of the payment order to attachment and sale, take the necessary legal steps against the debtor’s objections in good time, and report regularly on the status of each file. We do not see debt collection as limited to the enforcement office: where appropriate, we negotiate payment plans and settlements with the debtor. In concordat and bankruptcy proceedings, we register companies’ claims and protect their rights.
What we do
- Enforcement proceedings without a judgment
- Enforcement of judgments (court and arbitral decisions)
- Proceedings based on negotiable instruments
- Payment plans and settlement negotiations
- Lodging claims in concordat and bankruptcy
Frequently asked questions
Common questions on enforcement and debt collection
What clients most often ask before and during proceedings.
What happens if the debtor objects to enforcement proceedings without a judgment?
The debtor may object within seven days of service of the payment order, and the objection stays the proceedings. The creditor may then, depending on the documents it holds, ask the enforcement court to set the objection aside or bring an action for annulment of the objection before the general courts. We decide which route to take based on the file.
What can be done about a dishonoured cheque or an unpaid note?
For claims based on cheques, promissory notes and bills of exchange, special attachment proceedings for negotiable instruments may be initiated. The time limits given to the debtor are short and an objection does not automatically stay the proceedings, so this route produces results faster than general proceedings.
Can a court decision be enforced before it becomes final?
As a rule, court decisions on monetary claims can be enforced before they become final. For certain types of decision listed in the law, finality is required. Where the debtor appeals, it may request a stay of enforcement by providing security.
How are arbitral awards enforced?
Arbitral awards rendered in Türkiye are enforced through enforcement proceedings based on a judgment once the court has issued an annotation of enforceability. For awards rendered abroad, recognition and enforcement must first be obtained from the Turkish courts. We handle both processes through to the start of enforcement.
How can we protect our claim if the debtor company applies for concordat?
During the concordat moratorium, as a rule, no new proceedings may be initiated against the debtor and existing proceedings are stayed. The claim must be lodged within the period stated in the commissioner’s announcement and the process must be followed closely. We register the claim and defend the company’s rights at the creditors’ meeting.
Team
Our team in this area
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Contact
How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50