Reviewing the claim and the enforcement route
The enforcement route that may be available is assessed on the basis of the claim’s grounds, due date, securities and the existing documents.
Practice areas
Enforcement and bankruptcy law
In enforcement law, the basis of the proceedings, the type of proceedings and the details of service are decisive in assessing the process. The rights of creditor and debtor are considered through the relevant acts and documents.
Göçüm Hukuk handles advice and representation in enforcement and bankruptcy law within this framework.
Scope of review
Objections and complaints
Applications against payment orders, enforcement orders and other acts are examined according to the type of proceedings, the date of service and the grounds put forward.
Continuation of proceedings and bankruptcy
Attachment, sale, ranking of creditors and bankruptcy matters are considered with regard to the stage of the file and the legal position of those involved.
Work undertaken in this area
- Enforcement proceedings with or without a judgment on behalf of creditors
- Proceedings based on bills of exchange (cheques, promissory notes)
- Objections to payment orders, complaints and objections to the debt
- Actions to set aside or remove objections, negative declaratory actions and actions for restitution
- Following up attachment, sale and collection
- Representing creditors or debtors in composition (concordat) and bankruptcy proceedings
Stages of work
Reviewing the underlying documents
The basis of the claim, service records and enforcement file details are checked.
Choosing the route
The type of proceedings, or for the debtor the objection, complaint or action to pursue, is determined.
Proceedings or defence
Proceedings are started, or an objection or complaint is filed within time.
Collection and closing
Attachment, sale, collection and closing of the file are followed up.
Relevant documents
Principal documents that may be examined, depending on the matter:
- Documents on which the claim is based
- Payment order or enforcement order
- Service envelope and service records
- Enforcement file details and payment records
This list is not exhaustive; other information and documents may be needed depending on the circumstances.
Legal framework
Time limits for objections and complaints may vary with the type of proceedings and the act concerned. The content and date of service should be examined together.
Principal legislation: Enforcement and Bankruptcy Law No. 2004 (in Turkish). Other relevant legislation and current case law are also taken into account.
Working framework
Every matter,
on its own terms.
Legal assessment takes the specific facts, the relevant documents and the regulations in force into account together.
How we work