For Turkish citizens living in the Netherlands, collecting debts in Turkey is not simply a matter of “suing the debtor”. You may hold a promissory note, cheque, notarial deed, court judgment, contract, invoice or bank receipt. The debtor may live in Turkey, may have assets there, or may keep asking for more time to avoid paying. Which route is most suitable depends on the basis of the claim, the nature of the document, the likelihood of the debtor objecting and the chances of actually collecting.
Enforcement and insolvency law governs the state-run procedures through which creditors can obtain what they are owed. In practice, however, the same enforcement route is not used for every claim. A claim based on a promissory note is not pursued in the same way as one based on a court judgment. The route for a cheque, notarial deed, rent claim, contractual debt or compensation claim may differ.
In short, living in the Netherlands does not prevent you from starting enforcement proceedings against a debtor in Turkey or pursuing your claim. However, the right enforcement route must be chosen, the debtor’s assets investigated, the likelihood of objection assessed and the attachment and collection process handled carefully.
Hukukcum.nl was created to give Turkish people living in the Netherlands a basic roadmap for enforcement proceedings, debt collection, promissory notes and cheques, enforcement with and without a judgment, and attachment procedures in Turkey.
Enforcement Based on Promissory Notes
A promissory note (senet) is one of the most important written documents of a debt relationship and can qualify as a negotiable instrument. If the claim is based on a promissory note, instead of filing a general collection lawsuit, enforcement proceedings may be started directly or, depending on the nature of the note, the special enforcement route for negotiable instruments may be used.
In enforcement based on promissory notes, the form of the document is extremely important. If the elements required on the note are missing, problems may arise with the enforcement route. The debtor’s name, signature, due date, amount, date of issue and other mandatory elements of the note must be examined carefully.
In short, if you hold a valid promissory note, enforcement proceedings can be started against the debtor in Turkey. However, the validity of the note, its due date, the signature and the likelihood of the debtor objecting should be assessed before proceedings begin.
What is checked in enforcement based on a promissory note?
Before starting enforcement based on a promissory note, the following should be examined:
- Is the original note available?
- Does the note bear the debtor’s signature?
- Has the due date passed?
- Is the amount on the note clear?
- Are the debtor’s details correct?
- Could the note be time-barred?
- Does the note qualify as a negotiable instrument?
- Is the debtor’s address or assets in Turkey known?
Acting quickly is important in enforcement based on a promissory note. After proceedings start, the debtor may object or file a complaint. Preparing the enforcement file correctly from the start therefore reduces unnecessary loss of time.
Enforcement Based on Cheques
A cheque is a document commonly used in commercial life and can be the subject of special enforcement routes for debt collection. In enforcement based on a cheque, the form of the document, the presentment period, whether it was dishonoured and who the debtors are also matter.
In cheque disputes, creditors who have not been paid often look for a quick way to collect. However, acting without carefully examining the legal nature of the cheque, the persons to be pursued and the details of the guarantor, endorser, drawer and presentment can lead to incorrect proceedings.
In short, if a claim has arisen from a cheque issued in Turkey or enforceable in Turkey, enforcement proceedings can be started depending on the case. The cheque’s time limits, form and the debtor parties should be checked beforehand.
Which documents are needed for cheque enforcement?
In cheque enforcement, the following documents are usually important:
- The original cheque,
- The bank’s presentment details,
- Records of dishonour,
- The chain of endorsements,
- Details of the debtor company or person,
- Any formal notices and correspondence,
- Commercial documents showing the source of the claim.
Time limits and original documents can be critical in cheque cases. Creditors living in the Netherlands should therefore keep the original cheque, bank records and commercial correspondence in good order.
Enforcement Based on Notarial Deeds
Claims based on a notarial deed can be important documents for enforcement. Acknowledgements of debt, undertakings or documents containing payment obligations drawn up before a notary provide strong support for proving the claim.
In enforcement based on notarial deeds, the content of the document is decisive. Not every notarial document is directly enforceable. The document must clearly show the debt, contain a payment obligation and the claim to be enforced must be determinable.
In short, a notarial deed can be strong evidence of a debt relationship. However, whether it is suitable for enforcement must be assessed according to its content.
When is a notarial deed useful?
Enforcement based on notarial deeds may be relevant in particular when:
- The debt has been acknowledged,
- A payment undertaking has been given,
- The parties have a contract drawn up before a notary,
- A payment obligation related to property, a vehicle, a commercial relationship or a personal debt has been documented,
- The debtor previously acknowledged the debt in a notarial document.
In cases involving a notarial deed, the enforceability of the document, the likelihood of the debtor objecting and whether the claim is due must be assessed together when choosing the enforcement route.
Enforcement Without a Judgment
Enforcement without a judgment (ilamsız icra takibi) is an enforcement route that a creditor can start without a court judgment. Commonly used for monetary claims, it may be preferred especially when the debt is based on a written document or the debtor is not expected to deny it.
However, the debtor has the right to object in enforcement without a judgment. If the debtor objects in time, the proceedings may be suspended and the creditor may need to take further legal action to overcome the objection. Enforcement without a judgment is therefore not always the fastest way to collect.
In short, enforcement without a judgment is a route that can be started without a court judgment. If the debtor does not object, the proceedings become final; if they object, the creditor may need to consider a lawsuit or proceedings to remove or annul the objection.
For which claims is enforcement without a judgment used?
Enforcement without a judgment may be used for the following types of claims:
- Monetary claims arising from contracts,
- Loans,
- Invoice claims,
- Rent claims,
- Fees for services or sales,
- Current account claims,
- Claims based on documents but without a court judgment.
In enforcement without a judgment, the debtor’s correct address must be known, service must be carried out properly and the objection process must be followed.
What happens if the debtor objects?
If the debtor objects in time, the enforcement proceedings are suspended. Depending on the documents held by the creditor, an action to annul the objection, removal of the objection or other legal routes may then be considered. Which route to choose depends on the basis of the claim and the nature of the documents.
Enforcement Based on a Judgment
Enforcement based on a judgment (ilamlı icra takibi) is an enforcement route started on the basis of a court judgment or a document with the force of a judgment. The creditor may have previously filed a lawsuit and obtained a judgment in their favour. This judgment may be final or, in some cases, enforceable before becoming final.
In enforcement based on a judgment, the debtor cannot stop the proceedings simply by objecting to the debt, as in enforcement without a judgment. However, depending on the nature of the judgment, the finality requirement and its enforceability, different objection or complaint routes may be available.
In short, enforcement based on a judgment is used to collect claims based on a court judgment or a document with the force of a judgment. Whether the judgment is suitable for enforcement should be examined before proceedings start.
Which documents can be used for enforcement based on a judgment?
Enforcement based on a judgment may rely on:
- Court judgments,
- Final or enforceable judgments,
- Documents with the force of a judgment,
- Settlements or admissions made before the court,
- Certain notarial instruments,
- Arbitral awards or documents of a special nature.
For people living in the Netherlands, enforcement based on a judgment is particularly relevant after a case has been filed and won in Turkey. Obtaining a judgment is not the end of collection; if the debtor does not pay, the enforcement stage must follow.
Investigating the Debtor’s Assets
In debt collection, simply starting proceedings may not be enough. The debtor’s ability to pay, whether they have assets in Turkey and whether there are assets that can be attached directly affect the collection process.
The debtor may own real estate, vehicles, bank accounts, a salary, company shares or claims against third parties. However, identifying this information is not equally easy in every case. During enforcement proceedings, the debtor’s assets can be investigated within the legal possibilities.
In short, success in debt collection depends not only on whether the claim is justified, but also on whether the debtor can actually be made to pay. Investigating assets is therefore an important part of the enforcement strategy.
Which assets can be investigated?
Depending on the case, the following assets can be investigated:
- Title deed records,
- Vehicle records,
- Bank accounts,
- Salary and wage claims,
- Company shareholdings,
- Rights and claims against third parties,
- Rental income,
- Records of commercial activity,
- Existing attachments in other enforcement files.
If there is a risk that the debtor will hide assets, greater care is needed. In some cases, a precautionary attachment (ihtiyati haciz) or other protective legal measures may be considered.
Attachment
Attachment (haciz) is the process of seizing the debtor’s assets through enforcement in order to collect the claim. Once the proceedings are final or the necessary conditions are met, attachment can be applied to the debtor’s movable and immovable property, bank accounts, salary or other rights and claims.
Attachment is one of the most important stages of enforcement proceedings. However, attachment does not always mean immediate collection. The nature of the attached asset, whether there are other attachments or mortgages on it, the sale process and the ranking of creditors can affect collection.
In short, attachment is the enforcement step that allows a claim to be collected from the debtor’s assets. Which assets are attached directly affects how much can be collected.
Which assets can be attached?
In practice, attachment can be directed at:
- Bank accounts,
- Salary and wage claims,
- Real estate,
- Vehicles,
- Commercial goods,
- Company shares,
- Claims against third parties,
- Rental income,
- Movable property.
In the attachment process, it is as important to know whether there are other creditors in the file as it is to know the debtor’s assets. If there is a mortgage on the property, a pledge on the vehicle or earlier attachments, the collection process may change.
What happens after attachment?
If the claim is not paid directly after attachment, the attached assets may be sold. The proceeds of the sale are paid to the creditors according to the legal order of priority and the state of the file. At this stage, the request for sale, valuation, auction and distribution of the proceeds must be followed.
Actions to Annul an Objection
An action to annul an objection (itirazın iptali davası) is one of the routes available to the creditor if the debtor objects to enforcement without a judgment. When the debtor objects, the proceedings may be suspended. If the creditor believes the objection is unjustified, they can ask the court to annul it.
This action requires the existence of the claim to be proven in court. The creditor tries to show that the debt exists using contracts, invoices, receipts, correspondence, delivery documents or other evidence.
In short, an action to annul an objection is filed to remove the debtor’s objection to enforcement proceedings and allow the proceedings to continue.
Why does the debtor object?
The debtor may object to the proceedings for various reasons:
- They may not accept the debt at all,
- They may claim that the debt has been paid,
- They may dispute the amount,
- They may dispute the interest,
- They may dispute jurisdiction,
- They may argue that the contract is invalid,
- They may say that services or goods were not delivered.
Before starting enforcement proceedings, the debtor’s likely objections should therefore be considered and the evidence prepared accordingly.
What is claimed in an action to annul an objection?
In an action to annul an objection, the creditor asks the court to find that the debtor’s objection is unjustified and to allow the enforcement proceedings to continue. Depending on the circumstances, compensation for bad-faith denial (icra inkâr tazminatı) may also be claimed. However, the nature of the claim and the debtor’s objection must be assessed separately for this.
The Debt Collection Process
Debt collection is not a single step. The file starts with examining the basis of the claim; then the enforcement route is chosen, a payment order is sent to the debtor, the objection process is followed and, if the proceedings become final, attachment and collection follow. In some cases a lawsuit, in others direct enforcement, and in others a formal notice or mediation may be a better start.
In short, the aim of debt collection is not only to establish the claim but, if possible, to actually collect it from the debtor.
How is debt collection planned?
In general, debt collection is assessed in the following steps:
- The basis of the claim is examined,
- Documents and evidence are organised,
- The debtor’s identity, address and assets are investigated,
- It is assessed whether a formal notice is needed,
- The appropriate enforcement route is determined,
- Proceedings are started,
- The debtor’s objection or payment is followed,
- If the proceedings become final, attachment is carried out,
- After attachment, the sale and collection stage is followed.
For creditors living in the Netherlands, having this process handled by a lawyer reduces the need to come to Turkey and ensures that deadlines and steps are followed properly.
Is collection always possible?
No guarantee of collection can be given for every claim. Having a legally justified claim is one thing; actually collecting it from the debtor is another. If the debtor has no assets, there are earlier attachments on their assets, or the debtor has hidden assets, the process can be more difficult.
Expectations in enforcement cases should therefore be set correctly. The aim is to use the legal options correctly and to take the steps that increase the chances of collection in time.
Frequently Asked Questions
I live in the Netherlands. Can I start enforcement proceedings in Turkey?
Yes. With an appropriate power of attorney, you can start enforcement proceedings against a debtor in Turkey through a lawyer.
How does enforcement based on a promissory note work?
The note is examined and its due date and formal requirements are checked. The appropriate enforcement route is determined and proceedings are started against the debtor.
Is the original cheque needed for cheque enforcement?
In cheque enforcement, the original document and the presentment details are important. The nature of the cheque, the chain of endorsements and whether it was dishonoured should be assessed beforehand.
What is enforcement without a judgment?
Enforcement without a judgment is an enforcement route that can be started for a monetary claim without a court judgment. If the debtor objects in time, the proceedings may be suspended.
What is enforcement based on a judgment?
Enforcement based on a judgment is started on the basis of a court judgment or a document with the force of a judgment. The suitability of the judgment for enforcement must be examined.
What happens if the debtor objects to enforcement proceedings?
If the debtor objects, the proceedings may be suspended. An action to annul the objection, removal of the objection or other legal routes may then be considered.
Can the debtor’s assets in Turkey be investigated?
Yes. During enforcement proceedings, the debtor’s real estate, vehicles, bank accounts, salary or other assets can be investigated through legal channels.
Does attachment mean the claim is collected immediately?
Not always. Attachment is an important step towards collection; but the sale of the attached asset, priority creditors and the state of the file can affect how long collection takes.
Can the attachment and collection process be followed without coming to Turkey?
Many enforcement and attachment steps can be followed through a lawyer without coming to Turkey. This requires a power of attorney with the appropriate scope.
When Should You Consult a Lawyer?
If you cannot collect a debt from a debtor in Turkey, hold a promissory note, cheque, notarial deed, court judgment or contract, and do not know which enforcement route is right, it is worth consulting a lawyer.
Legal support is needed especially in the following situations:
- The debtor does not pay,
- The debtor keeps asking for more time,
- You hold a promissory note or cheque,
- The debtor does not pay despite a court judgment,
- An objection has been filed against enforcement proceedings,
- The debtor is believed to be hiding assets,
- Attachment is needed,
- There is a risk that the claim will become time-barred,
- You want to collect the debt without coming to Turkey.
Consulting a lawyer does not always mean filing a lawsuit straight away. Sometimes the right enforcement proceedings, a formal notice or an investigation of the debtor’s assets is a better start. But in enforcement and debt collection cases, lost time can allow the debtor to transfer assets or reduce the chances of collection.
Conclusion
For Turkish people living in the Netherlands, enforcement and insolvency law in Turkey involves many stages, such as enforcement based on promissory notes and cheques, enforcement based on notarial deeds, enforcement with and without a judgment, investigating the debtor’s assets, attachment, actions to annul an objection and debt collection.
The right start in these processes is to determine which document the claim is based on and which enforcement route is most suitable. Promissory notes, cheques, court judgments, notarial deeds, contracts or invoices may require different routes. The likelihood of the debtor objecting and the debtor’s assets also affect the collection strategy.
Hukukcum.nl was created to help Turkish people living in the Netherlands follow enforcement and debt collection in Turkey more knowledgeably. The right enforcement route, complete document preparation and timely legal support are important for protecting your claim and improving the chances of collection.
