One of the methods of securing the right to claim is the establishment of a pledge on tangible goods or rights to claim. Mortgage is also a kind of lien on immovable property. If the debtor does not pay the debt, the creditor collects the receivables by selling the pledged property. In this respect, the...
A notification is made by the competent authorities in writing or through an announcement, in order to inform the relevant person of the legal proceedings. In this way, it is ensured that the person who is the addressee of the legal action has information about the action and takes the necessary actions. In order for...
Enforcement proceedings without judgment begin when the creditor claims to be a creditor from a person by applying to the enforcement office. Moreover, the creditor does not even need to have any documents in order to initiate enforcement proceedings. It is possible to initiate enforcement proceedings without judgment against the person whom the creditor claims...
It is frequently witnessed that people are put into debt by forgering promissory notes in commercial and daily life. Persons who are shown as debtors on a promissory note without their own knowledge and will and without signing are faced with unjust and malicious execution proceedings or lawsuits. The person who is a victim of...
Actions for annulment of disposition and Action for Nullity Filed for Collusion can be confused with each other due to their verbal connotations and, in some cases, the basis of a collusive transaction. In practice, it is common for one of these lawsuits to be filed where the other one should be filed. In this...
A provisional attachment is the prior seizure of the debtor’s property by court order in order to ensure that the debtor pays the debt to the creditor on time. As a rule, the provisional attachment can be requested for the receivables that are due. For undue receivables, it is possible to place a provisional attachment...
The provisional attachment decision is a type of temporary legal protection aimed at ensuring that the creditor regains the receivables. When a provisional attachment decision is made, the debtor’s property is temporarily confiscated. The court may decide on the provisional attachment upon the request of the creditor. The court may listen to the debtor party...
In order to legally ensure the payment of a money claim, the creditor must apply either to the enforcement office or to the court. The creditor applying to the enforcement office may initiate an enforcement proceeding and ask the debtor to pay the debt. The creditor also has the right to apply to the court...
The purpose of executive proceedings is to ensure that the debtor who has not paid the debt pays the creditor. If the debtor does not fulfill the requirement of the payment order (or executive order) sent to him and does not pay the creditor within the time limit, the debtor’s property is sequestrated upon the...
In order to protect the debtor during the enforcement proceedings, vacation and postponement cases are envisaged. In the presence of vacation and postponement reasons, enforcement proceedings cannot be carried out against the debtor. Since it is counted as vacation hours and days, the enforcement proceedings may not be carried out, and there are also reasons...