Corporate and Commercial · Enforcement and Bankruptcy
Receivables arising from cheques, promissory notes, invoices, current accounts and contracts
The legal route for receivables arising from commercial activities varies according to the basis of the receivable, the available documents, the debtor’s legal position and the characteristics of the dispute. A cheque, promissory note, invoice, current-account record or contract is not subject to the same procedure.
For this reason, the first step is to examine how the receivable arose, which documents support it, payment and objection records, and any previous enforcement proceedings together.
The following categories require different legal assessments. The applicable enforcement route or outcome cannot be determined by looking at a single document.
The original instrument, issue and maturity details, chain of endorsements, presentation and bank records, and the debtor’s capacity on the instrument are reviewed. The conditions for negotiable-instrument enforcement are assessed separately.
Review negotiable-instrument enforcement →Invoices, delivery or service records, correspondence between the parties, account reconciliations and payment movements are considered together. The existence of an invoice does not mean that every aspect of the underlying relationship is undisputed.
Non-judgment enforcement and objection →The parties to the contract, performance of obligations, payment terms, any security and termination notices are reviewed. The nature of the dispute affects the choice between enforcement and litigation.
Commercial legal processes →Putting the documents generated from the beginning of the receivable relationship to the present in chronological order facilitates the assessment of amounts and objections. The same documents may not exist in every file.
Firm contact information →The source of the receivable, maturity, payments and documents are reviewed together.
Depending on the type of instrument and dispute, enforcement, litigation or interim-protection measures are assessed.
The next step is determined according to the payment order, service and the nature of any objection.
Where the legal conditions are met, attachment, sale or other steps are followed on a file-specific basis.
The content of an invoice, the establishment of the sale or service relationship, delivery and payments are separate matters. Article 21 of the Turkish Commercial Code regulates objections to invoice content; the basis of the specific receivable and other documents must also be reviewed.
No. Negotiable-instrument enforcement is available only for instruments that satisfy the legal requirements. The route applicable to contractual, invoice and current-account receivables must be assessed separately. Information on cheque and promissory-note enforcement.
The conditions under Article 257 et seq. of the Enforcement and Bankruptcy Law are reviewed. Factors such as the nature and maturity of the receivable and the security position are important; provisional attachment does not arise automatically.
The type of enforcement, the content of the objection and the documents held by the creditor affect the next legal step. Objection in non-judgment enforcement and action for annulment of objection The general framework is explained in the article.
Official legislation: Turkish Commercial Code · Enforcement and Bankruptcy Law. This page provides general information; the applicable route is determined by the documents in the file and the provisions currently in force.