What is Enforcement Proceedings?
Enforcement proceedings are legal actions initiated by the enforcement office and directorate for a creditor to collect their receivables using state power. How are these proceedings prepared? These proceedings begin when the enforcement office receives the enforcement requests. At these stages, creditors prepare the necessary files for enforcement proceedings. These files include documents explaining the reasons for the receivable, in addition to the enforcement request. In cases where the enforcement office deems it appropriate, they send a payment order to the debtor, apart from the enforcement request. Lawyers always use their enforcement programs when preparing enforcement proceedings at these stages. Does enforcement proceedings necessarily have to be based on a document? Enforcement proceedings do not have to be based on a document. However, creditors can initiate enforcement proceedings at any time and as quickly as they wish, without relying on any document. If the debtor does not object to the payment order within the payment period, the enforcement proceedings become final, and the creditor can resort to coercive enforcement measures.
Conduct Your Enforcement Proceedings Properly
However, if the debt is not based on a document, the creditor may face difficulties and problems in proving their receivable. In this situation, it is advantageous for the creditor to have a document that proves their receivable.
What documents are they based on? Enforcement proceedings are usually based on a negotiable instrument. Negotiable instruments include policies, promissory notes, and checks. On the other hand, when these enforcement proceedings are based on court decisions, they are called 'ilamlı takip' (enforcement with a judgment). If it is not based on a negotiable instrument or a court decision/judgment, and if the receivable is unsecured and not guaranteed by a lien, creditors will start to choose this type of enforcement. In unsecured proceedings, the office sends payment orders to the debtor. Can one object to a payment order? What is it? When debtors object to the payment order, the proceedings are halted. Therefore, creditors must file a lawsuit to lift the objection or a lawsuit to annul the objection to continue the proceedings. If the debtor objects unjustly, they must pay compensation to the creditor because their bad-faith objection delays the collection of the receivable.
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