Enforcement Law
Execution law is the branch of law that deals with the debt of the debtor who cannot pay his debt, upon the request of the creditor, by seizing his movable and immovable assets by state force.
Forced enforcement refers to the state's power to use force. The branch of law that regulates how those who do not pay their debts and do not fulfill their obligations can reach their receivables with the help of the state is called enforcement and bankruptcy law. The law of compulsory enforcement only grants the state the authority to use force. In order for the creditor to obtain his/her receivables, the state seizes the rights and goods of the debtor through the enforcement offices under the enforcement directorate, these goods are eventually sold and converted into money and the money obtained is paid in return for the receivable.
Seizure methods according to the Enforcement and Bankruptcy Code:
Execution by judgment: A method of enforcement pursued for the collection of a receivable based on a court decision or a document deemed to be a court decision.
Execution without execution: A method of enforcement that can be initiated without any document.
Proceedings by way of foreclosure of the pledge: If the creditor holds a pledged property belonging to the debtor, it must first apply for proceedings by way of foreclosure of the pledge.
Types of attachment under the Enforcement and Bankruptcy Law:
Precautionary attachment It is a temporary legal protection measure. It is a measure organized to secure the receivable, not to obtain it.
Concordat: An institution organized to protect debtors (usually companies) in the course of their business.
Restructuring through reconciliation: It is an institution that allows capital companies and cooperatives to reconcile with creditors who have resorted to foreclosure and to continue their activities.
Cancellation Case: If debtors sell their goods before they are seized in order to prevent the seizure of their goods, creditors can annul these transactions through this lawsuit. In this way, creditors can collect their receivables.
By our expert staff, in the implementation of all kinds of enforcement and bankruptcy proceedings, follow-up of enforcement proceedings and lawsuits, collection of receivables, attachment, precautionary attachment, pledge, mortgage transactions, collection of receivables subject to bill of exchange, monetization of movable pledge or mortgage, We provide consultancy and legal services to companies, institutions and individuals in the evacuation of leased immovable properties, foreclosure proceedings, participation in meetings in favor of debtors and creditors, bankruptcy claim or postponement of bankruptcy proceedings.
Negotiable Instrument Collection: It is the specialized area where commercial law negotiable instruments such as checks, bonds, policies, pledge certificates used instead of money are issued. Our experienced lawyers successfully operate in debt collection in areas such as bounced check collection, policy collection, bond collection.
Promissory Note Collection: As Atılım Law Office, our lawyers also act successfully in the collection of promissory notes, which are not considered as negotiable instruments (checks, policies, bonds) in our law and are referred to as ordinary documents.