In enforcement law, proceedings related to proceedings are carried out within certain time limits. The majority of these time limits are stipulated by the Law and are definite periods. These limits envisaged by the law cannot be changed, shortened or extended by the parties, judges or enforcement officers. For this reason, the relevant persons and...
Category: Enforcement and Bankruptcy Law
How should the payment be made to the Execution File?
It is possible for the debtor to choose one of three different methods for the payments to be made to the execution file. The debtor can pay the enforcement file directly at the enforcement office, pay the creditor or his/her attorney, or get rid of the debt as a result of paying with a credit...
Decision Taken for the Protection of Right in Question: Interim Injunction
In a state of law, individuals have to apply to the courts and seek their rights through remedy in order to protect or have their rights. There is always the possibility that the right in question, which is tried to be protected or obtained by filing a lawsuit, is lost, transferred, damaged, disposed of, or...
Lawsuit Filed Against the Debtor’s Assets Transferred with the Purpose of Smuggling: Actions for Annulment of Disposition
The creditor who wants to collect her/his receivables from the debtor must initiate an enforcement proceeding and have the debtor’s goods seized and sold. However, the debtor may have tried to dispose of the movable and immovable properties in her/his possessions, as she/he foresees that the creditor will have the property seized. Although the debtor’s...
Replevin Cases Filed For the Seizure of the Debtor’s Property in the Possession of the Third Party
The payment order sent to the debtor in the execution proceeding may be finalized because the debtor has not objected or the objection made by the debtor has been withdrawn or cancelled. If the payment order is finalized, the next stage in the execution proceedings is the seizure. At the request of the creditor, the...
To Continue the Execution Proceedings Halted by the Objection of the Debtor: Actions for Withdrawal of Appeal
The person who has a right to claim needs to collect it from the debtor as soon as possible. For this, the relevant person tries to collect the receivables by initiating enforcement proceedings from the enforcement office. There are several enforcement proceedings that the creditor can initiate according to the documents proving the right to...
Special Case of Provisional Attachment Requests to which Factoring Companies are Parties
A provisional attachment is the temporary seizure of the debtor’s property in order to secure the creditor’s receivables. In order to claim a provisional attachment, it is sufficient to have a receivable belonging to the creditor that has not been secured by a pledge and has not been paid yet. It is only possible to...
Action for Quittance of Debt
A quittance of debt case is a type of lawsuit filed by a debtor during enforcement proceedings to prove that she/he is not a debtor. Just like in the negative declaratory action, in this case, the debtor aims to prove that she/he is not a debtor. In fact, the context of this case does not...
How is the Debtor’s Property Seized in the Execution Proceedings?
The purpose of execution proceedings is to ensure that the debt that the debtor has not paid voluntarily is collected from the relevant debtor. For this purpose, a praecipe is served on the debtor to pay the debt. This is a kind of “pay your debt” notice to the debtor. If the debt is not...
Can Crypto Coins Be Sezied?
The concept of cryptocurrency is a new concept that occupies the agenda of states, societies, and the press on an international scale. Although it is a term that we are all familiar with now, the lack of a physical equivalent of crypto money is still on a plane dominated by uncertainties in the face of...
Solmaz Law & Consultancy is an Istanbul-based international law firm providing legal consultancy and attorneyship services to domestic and foreign individuals and legal entities.
It offers litigation, dispute resolution, and legal advisory services across various sectors to international companies, SMEs, and entrepreneurs.









