Debt Collection Lawyer in Ankara

It is worth explaining the subject matter of Enforcement and Bankruptcy Law. Individuals living in society enter into numerous legal relationships in their daily lives. One type of such relationship is the creditor-debtor relationship. If the debtor performs the debt to the creditor by the due date, no legal issue arises; however, if performance does not take place by the due date, a legal dispute emerges. How this legal dispute will be resolved, and how the creditor will secure their claim, becomes an important matter. The capital city Ankara has more than 40,000 attorneys registered with the Ankara Bar Association, a portion of whom continue their careers in the field of enforcement and bankruptcy law.

In pre-state societies, individuals collected their claims themselves by force. In other words, self-redress (taking the law into one's own hands) prevailed. However, this disrupted public order and led to endless conflicts and disputes. With the emergence of the state apparatus, matters of justice and security were entrusted to the state, and debt-claim-collection matters likewise fell under state responsibility.

In the modern era, a creditor gained the ability to apply to the state's compulsory enforcement body to request that the claim be collected from the debtor by force if necessary. Under our country's legal system, the Enforcement and Bankruptcy Law No. 2004 designated enforcement and bankruptcy offices as the compulsory enforcement body. Enforcement proceedings initiated by applying to the enforcement office without being based on a court judgment are called non-judgment-based enforcement proceedings. In addition, while public receivables are collected under Law No. 6183 on the Procedure for Collection of Public Receivables, private individuals and public legal entities may also collect claims not classified as public receivables under the Enforcement and Bankruptcy Law.

On the other hand, individuals may apply to the courts — the state's judicial body — to have their right determined by a court before applying to the compulsory enforcement body. The subject of such rights may relate to money, as well as to matters such as delivery of goods other than money, delivery of a child, or vacating a property. The examples given can be multiplied. Rights and claims determined by a court decision are carried out by the enforcement-bankruptcy offices, the state's compulsory enforcement body. This is called judgment-based enforcement proceedings. It is well known that in most cases, rights established by courts are not honored by debtors unless enforced by the compulsory enforcement body. This is where the importance of the state's monopoly on the use of force comes into play.

As explained above, protecting a right or claim and ensuring the performance of a debt constitute the subject matter of Enforcement and Bankruptcy Law.

Judgment-Based Proceedings

• Delivery of Movable Property or Eviction/Delivery of Real Property
• Delivery of a Child or Establishment of Personal Contact with a Child
• Enforcement of Judgments Regarding Monetary Debt or Provision of Security
• Foreclosure of Mortgage
• Judgment-Based Enforcement via Foreclosure of Movable Pledge

Non-Judgment-Based Proceedings

• Non-Judgment-Based (Ordinary) Proceedings
• Foreclosure of Movable Pledge
• Foreclosure of Mortgage
• Enforcement Proceedings via Attachment Specific to Negotiable Instruments
• Ordinary Proceedings via Bankruptcy
• Bankruptcy Proceedings via Negotiable Instruments
• Ordinary Lease and Crop-Share Lease
• Eviction of Leased Real Property

Enforcement – Bankruptcy Cases

• Enforcement penal cases
• Other cases within the jurisdiction of the enforcement court
• Bankruptcy cases
• Postponement of bankruptcy cases
• Actions to annul the tender/auction
• Precautionary attachment cases
• Precautionary injunction
• Action to cancel an objection
• Restitution cases
• Negative declaratory action
• Actions to annul dispositions
• Enforcement complaint cases
• Eviction cases
• Actions objecting to a signature
• Jurisdictional objection cases
• Cases against the state arising from enforcement proceedings
• Third-party claim (Istihkak) action

Services in the Field of Enforcement and Bankruptcy Law

• Participating in enforcement auctions
• Registering claims with the bankruptcy estate
• Structuring and supervising the postponement of bankruptcy process
• Structuring and supervising the restructuring project
• Reviewing and structuring negotiable instruments
• Structuring and supervising concordat (composition) agreements
• Structuring and supervising the sale of attached property
• Supervising and structuring corporate bankruptcy procedures
• Reviewing companies' over-indebtedness status
• Company rescue efforts
• Providing consultancy services in the office, by phone, or in writing, during business hours

Sample Petitions in the Field of Enforcement and Bankruptcy Law

• Sample Petition for General Inquiry and Attachment Request
• Sample Petition for Wage Garnishment Request and Wage Garnishment Order

Who Are Debt Collection Lawyers in Ankara?

Debt collection lawyers in Ankara are attorneys registered with the Ankara Bar Association who focus in particular on enforcement law cases.

How Do You Find a Debt Collection Lawyer?

A good debt collection lawyer is one who knows and applies all the ethical and technical requirements of the profession and diligently safeguards the client's rights.