ENFORCEMENT LAW

Enforcement Law is a branch of law that allows a creditor to collect a debt through legal means when the debtor fails to pay. This branch regulates the relationship between the debtor and creditor, and also aims to protect the rights of the debtor, who is facing payment difficulties. Enforcement law contains the legal regulations necessary for the creditor to obtain their rights, while also allowing the debtor to defend their legal rights. This article addresses important topics such as enforcement proceedings, seizure actions, debtor's rights, and enforcement courts.

Enforcement Proceedings and Initiation

Enforcement proceedings are a legal process applied to collect a debt. If the creditor is unable to collect the debt from the debtor, they can initiate enforcement proceedings by applying to the enforcement office. In Turkey, enforcement actions are carried out under the Enforcement and Bankruptcy Law, and enforcement offices are the authorized bodies in this process.

To initiate enforcement proceedings, the creditor must submit an enforcement request to the enforcement office, indicating that the debtor has failed to make the payment. This request includes details such as the amount of the debt, the due date, and other necessary information. Enforcement proceedings can generally be carried out in two ways:

• Sending a Payment Order: After enforcement proceedings are initiated, a payment order is sent to the debtor. This order notifies the debtor that they must pay the debt within a specified time.

• Precautionary Seizure: If the debtor does not pay, the creditor can apply to the enforcement office to request the seizure of the debtor's assets.

Enforcement proceedings are generally a fast and effective method for ensuring that the creditor receives their due rights in the shortest time possible.

Seizure Procedures

Seizure is a legal process of taking control over the debtor's assets upon the creditor's request. Seizure is one of the most important tools for the creditor to collect their debt. If the debtor fails to pay, their assets can be seized by the enforcement office. Seizure usually applies to the debtor's immovable property, movable goods (such as household items, vehicles), and bank accounts.

Seizure procedures are carried out in accordance with the Enforcement and Bankruptcy Law and the regulations of the enforcement offices. As part of the enforcement proceedings, a payment order is sent to the debtor, and if the debt is not paid, the enforcement office initiates seizure procedures. Seizure can be carried out in the following ways:

• Seizure of Immovable Property: Immovable properties, such as houses, land, and business premises, can be seized by the enforcement office. After this, the immovable property is sold through an auction, and the creditor is paid from the proceeds.

• Seizure of Movable Goods: Movable goods belonging to the debtor, such as vehicles, furniture, and machinery, can be seized. These goods may be sold at auction for reasonable prices.

• Seizure of Bank Accounts: Funds in the debtor's bank accounts can be seized. Banks apply the seizure order and transfer the amount to the creditor.

Seizure allows the creditor to collect their debt, but it also grants legal rights to the debtor. The debtor can object to the seizure and use legal defenses.

Debtor's Rights

During enforcement proceedings and seizure actions, the debtor has certain legal rights. Even if the debtor is facing financial difficulties, they can make legal defenses and attempt to block the enforcement proceedings. Debtor rights include the following:

• Right to Object: The debtor has the right to object to the payment order within seven days after it is sent. An objection can invalidate the payment order issued by the creditor.

• Objection to Seizure: The debtor can file an objection with the enforcement court if they claim that the seizure is unlawful, either before or after the seizure takes place.

• Request for Bankruptcy: If the debtor meets the conditions for bankruptcy, they can seek legal relief by requesting bankruptcy. In this case, the debtor can apply for bankruptcy, stating that they are unable to pay all their debts.

• Request for Installments: The debtor can negotiate with the creditor to arrange for payment in installments. During this process, a payment plan can be set up based on an agreement between the creditor and debtor.

These rights are legally protected to prevent the debtor from being unfairly harmed and to provide an opportunity for them to defend their rights.

Enforcement Courts and Objections

Enforcement courts are authorized to resolve disputes arising from enforcement proceedings and seizure actions. If the debtor objects to the payment order or the seizure, the enforcement court can evaluate the objection. Enforcement courts play an important role in resolving conflicts between the creditor and the debtor.

Enforcement courts examine the debtor's objections and assess whether the seizure actions are in accordance with the law. If the debtor claims that their rights were violated during the seizure, they can bring the matter to the enforcement court. The enforcement court will evaluate the application and make a decision to prevent unnecessary harm.

Bankruptcy and Concordat

Bankruptcy is a process applied when the debtor is unable to pay all of their debts. A bankruptcy decision allows the debtor's assets to be distributed among creditors. Additionally, bankrupt companies can apply for concordat. Concordat is a process that allows the debtor company to create a payment plan with creditors and avoid bankruptcy.

Bankruptcy and concordat procedures are complex and require specialized knowledge. These processes require professional assistance to protect the rights of both the debtor and the creditors in the fairest way possible.

Conclusion

Enforcement law is an important branch of law that regulates the relationship between debtors and creditors, and ensures that debts are collected through legal means. Enforcement proceedings, seizure actions, debtor's rights, and objections form the core of the enforcement law process. Enforcement procedures help the creditor collect their debt while also offering the debtor an opportunity to defend their legal rights.

Since enforcement law is a complex process, it is essential that it is carried out with the guidance of an enforcement attorney to ensure the protection of both the creditor's and the debtor's rights. By defending the rights of both parties, the process can proceed in a fair manner.