Our Work in Enforcement and Bankruptcy Law
Failure to collect receivables arising from commercial or individual relationships in full and on time may cause serious prejudice. Enforcement and bankruptcy law enables creditors to obtain their rights through state authority while also aiming to protect debtors against unjustified enforcement proceedings.
Kaplan Law & Legal Consultancy At our Adana-based office, we review instruments and service records in debt-collection matters to determine the applicable procedure, and provide legal consultancy in company bankruptcy and restructuring processes.
Main Areas in Which We Provide Services
- Debt Collection and Enforcement Proceedings: Commencement of judgment and non-judgment enforcement proceedings and attachment procedures for receivables based on cheques, promissory notes, bills of exchange, invoices or contracts.
- Bankruptcy Law and Corporate Processes: Company bankruptcy applications, legal representation during bankruptcy proceedings and registration of creditors’ claims in the bankruptcy estate.
- Objections and Related Actions: Objections to unjustified enforcement proceedings, negative declaratory actions and restitution actions.
- Enforcement by Sale of Mortgaged or Pledged Property: Commencement of enforcement proceedings for the collection of secured receivables and management of real estate/vehicle sale procedures.
- Actions for Annulment of Dispositions: Actions seeking to render assets attachable again by challenging transfers and sales made by a debtor to place assets beyond the reach of creditors.
- Dishonoured Cheque Proceedings: Follow-up of proceedings before enforcement criminal courts arising from dishonoured cheques.
File and Deadline Review
In an enforcement file, the type of payment order, proper service, objection periods and attachment requirements are reviewed together. Based on UYAP records and the available documents, we assess enforcement steps according to the legal requirements and the information in the file.
Frequently Asked Questions About Enforcement Proceedings
Within how many days must a cheque be presented to the bank?
As a rule, a cheque payable in the same place in Türkiye must be presented within 10 days, and a cheque payable elsewhere within one month. The period begins on the day following the date of issue stated on the cheque (Turkish Commercial Code Art. 796). Separate periods apply to cheques issued abroad. Presentation of a cheque and the dishonoured-cheque notation.
Is the limitation period for a promissory note three years for every debtor?
No. As a rule, a negotiable-instrument claim against the maker is subject to a three-year period from maturity; different periods may apply to endorsers (Turkish Commercial Code Arts. 749, 778 and 779). Different limitation periods for promissory notes.
Where do I apply if the signature on a cheque or promissory note is not mine?
In negotiable-instrument enforcement, denial of the signature must be expressly submitted by petition to the enforcement court within five days from service of the payment order; the objection does not automatically stay proceedings other than the sale (Enforcement and Bankruptcy Law Arts. 168 and 170). Procedure for objecting to a signature.
Official sources: Turkish Commercial Code · Enforcement and Bankruptcy Law.