Enforcement Law

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Enforcement law is the field of law created for the collection of receivables through law in case individuals do not pay their debts to banks or companies such as checks, policies, promissory notes or loans. Within the scope of enforcement law, the debt in question is taken from the debtor through foreclosure.

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In other words; It is the branch of law that ensures the collection of the receivable from the debtor with the pressure of foreclosure established by the enforcement office, which is an organ of the state, if the debtors do not pay their debts on time with their own consent.

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Debt between creditors and debtors can occur in many different situations such as promissory notes, policies, checks, mortgages, loan debt, credit card debt.

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Enforcement law is not only the collection of material debts from the creditor. At the same time, issues such as evacuation of immovables such as residences and workplaces, execution of writs, delivery of children and establishing relations between children and parents are also within the scope of enforcement law.

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Enforcement Law Foreclosure Procedures

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Implemented in enforcement law; There are five different lien procedures: execution with a verdict, execution without a verdict,  lien specific to bills of exchange, follow-up and precautionary lien by converting the pledge into money.

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Immaculate Enforcement

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It is the execution decision of the court in case a job is done or not done or any financial debt is not paid. In order to initiate the enforcement proceedings with a verdict, it is absolutely necessary to have a court decision as a basis.

 

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Execution without Worship

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It is the execution process in which the creditor can collect the debtor's receivable without the need for any documents and obtain the right to apply to the court. The creditor can apply to the court without the need for a court order to get his debt from the debtor.

 

The creditor, who will apply for enforcement without judgment, can apply to the enforcement office only with documents proving that he is a creditor, such as the contract and invoice related to the subject. The important thing here is that the creditor is only a document that can prove that he is a creditor.

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Foreclosure Path Specific to Bills of Exchange

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It is a foreclosure process that can be applied in case the creditor has a document with foreign exchange characteristics. Bills of exchange are included in the laws prepared within the scope of enforcement law.

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In accordance with the law, in order for a document to have the intention of foreign exchange, that document must be a bill, promissory note, check or policy. Since these documents have the nature of foreign exchange in the enforcement law, it is possible to apply for enforcement in order to collect the receivables specific to the bills of exchange.

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Follow-up by Foreclosure

 

If the creditor has pledged the debt of the creditor in return for the debt of the debtor within the framework of the laws, follow-up can be made by converting the pledge into money. In this case, the pledged movable or immovable property is first converted into money and a follow-up is initiated regarding the payment of the debt in money.

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Lien

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It is a foreclosure process applied to prevent the debtor from smuggling goods in order not to pay his debt. With the lien decision, it is aimed to get a guarantee for the debt to be paid while preventing the debtor from smuggling goods.

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The first condition sought by the enforcement office in order for the lien to be applied to the debtor is; is a court decision. The court is required to issue a precautionary lien on the debtor. Another condition is; Again, at the rate determined by the court, the security deposit is deposited from the debtor's property to the court cashier before the foreclosure process.

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The above-mentioned properties of foreclosure transactions are general and limited by law. Since each subject may have different characteristics, there may be differences in the practices of foreclosure proceedings depending on the laws.

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For example; The security deposit to be transferred to the court cashier in the precautionary attachment process varies according to the debtor's assets and the amount of debt that the creditor will receive.