Execution and Bankruptcy Law & Debt Collection
Execution proceedings initiated for the collection of receivables are complex legal processes that, in practice, rarely conclude with a single transaction and require regular, persistent follow-up. Due to the workload of execution offices, research into the debtor's assets, attachment procedures, and sales stages, the collection process requires professional management.
As Zeynep Elif Kirişçi Law Firm, we meticulously follow up on execution files from their opening until the moment collection is realized, to protect the rights of creditors in the fastest and most effective way. Throughout the process, we regularly examine UYAP (National Judicial Network Project) records and asset inquiries, taking the necessary legal steps without wasting time.
Creditor Representation and Our Collection Services
Simply initiating an execution proceeding is not enough to collect a receivable; the file must be actively processed.
The main procedures we carry out in this context are:
Initiating execution proceedings based on a court decision (with judgment) or based on documents/without documents (without judgment)
Managing the finalization process of the proceeding and the notification stages
Comprehensively investigating the debtor's assets (movable, immovable, vehicles, bank accounts, etc.)
Applying attachments (garnishments) to the identified assets, salaries, and rights/receivables held by third parties
Conducting the appraisal and execution sale (auction) processes of the attached goods
Pursuing bankruptcy proceedings and registering claims with the bankruptcy estate
Following up on lawsuits heard in Execution Civil and Execution Criminal Courts (cancellation of objection, restitution, complaints, etc.)
Why Might the Execution Process Be Prolonged?
Legal and practical obstacles can arise in execution proceedings that directly affect the collection time.
The main factors causing the process to be prolonged are:
The debtor not having any attachable assets registered in their name
The debtor transferring their assets to third parties to smuggle assets
Unjustified objections made to the sent payment orders and the initiation of litigation processes
Inability to deliver notifications to the debtor (inability to find an address)
Attachment and sales procedures being subject to long periods specified in the law
Every execution file has its own dynamics. Therefore, closely monitoring developments in the file and instantly changing strategies according to the debtor's situation is of great importance.
What Does It Cover?
Our service scope includes initiating execution proceedings with and without judgment, applying attachment methods specific to bills of exchange (checks, bills, promissory notes), identifying the assets belonging to the debtor, carrying out attachment and preservation procedures, selling attached goods through the execution office, filing "cancellation of disposition" lawsuits in case the debtor smuggles assets, and conducting bad check cases.
How Does the Process Work?
The standard collection steps we apply in execution files are as follows:
Review and Initiation of Proceeding: The documents underlying the receivable are examined, an execution request is created at the competent Execution Office, and a payment order is sent to the debtor.
Finalization Stage: After the notification reaches the debtor, the expiration of the legal objection period (usually 7 or 5 days) is awaited. If there is no objection, the proceeding becomes final.
Asset Inquiry and Attachment: When the proceeding becomes final, the debtor's SGK (salary), TAKBİS (title deed), POLNET (vehicle), and bank accounts are queried; an attachment annotation is placed on the identified assets. If necessary, a physical attachment (at the address) is carried out.
Sale and Liquidation: Attached movable or immovable properties are sold by public auction through the execution office and converted into cash.
Collection and File Closure: The money obtained from the sale or deducted from the debtor's bank accounts is transferred to the client's account, and the file is closed by execution.
Required Documents
For the execution proceeding to be initiated without wasting time, the following documents (whichever are available) must be delivered to our office:
Invoices, current account statements, and waybills forming the basis of the receivable
Original checks, promissory notes (bono), or bills of exchange
Rental agreements, service agreements, or written documents containing an acknowledgment of debt (Protocols, etc.)
Court decision (Judgment)
A "General Power of Attorney for Lawsuits" obtained from a notary public, specifically including execution authorities, for legal procedures