Debt collection in Turkey

Debt collection in Turkey Many people are looking for the legal way and method through which the creditor can obtain his debt that is owed by the debtor inside Turkey, and are things easy and simple or does it require a number of conditions, that is why we decided to answer all the questions about debt collection in Turkey And he explained the legal grounds in detail and we carry in the following lines, in addition to explaining the amicable settlement and the judicial settlement that takes place between the creditor and the debtor.

Debt Origination and Debt Collection in Turkey

Debts arise from the will or outside the will, and in the event that the debt arises through the will, it is known as the debt that arose through legal transactions, which took place through some contracts, and there are also some debts that arose as a result of compensation for damage caused to a person. 

 

But in the event that the debt arises by means other than the will, and this debt is made as a result of an increase in the assets of a person or a decrease in the assets of another person, it is known as enrichment without cause, and if the debt results directly through a certain legal obligation, it is also known as the debt arising outside the will. .

 

Also, in the event of failure to pay these debts, the permanent has the right to resort to the judicial authorities and follow the legal methods in order to obtain his debt, where the person first resorts to filing a lawsuit and then starting to implement the implementation procedures.

 

The creditor has the right to obtain his debt if this debt becomes due and enforceable, and the creditor begins to initiate his claim and to go through the procedures for implementation.

 

With regard to fulfillment, the debtor has an obligation to pay the debt, and this is the result of the implementation of the judgment related to fulfillment that was issued by the court. This system is known as execution and bankruptcy, where the permanent obtains all his dues from the assets belonging to the debtor and converts them into money.

 

In the event that it becomes impossible to pay the debts and it is not possible for the permanent right to claim compensation for all the damages incurred by him, this is done through the debtor.

The permanent person will also file a lawsuit in order to provide him with material compensation for what he has suffered, and he must provide all evidence that confirms the validity of his claim, and prove that there is a strong relationship between the damage inflicted on him, and the debtor’s failure to perform the debt, and that it resulted from the permanent failure to fulfill his right from the debtor. On the specified date, in the form previously agreed upon, severe damages were inflicted on him and his material and moral interest.

 

Terms of Court Judgment for Creditor

In order for the creditor to be judged to obtain his debt, these conditions must be met:-

• There is a strong negative relationship between the damage caused to the creditor and the debtor's failure to pay the debt he owes in a timely manner.
• Proof that the permanent person has suffered damage as a result of the debtor's act.
• The debtor's refusal to pay at his own will.

Court ruling on debt suit

The court issues several rulings in which it decides and obliges the debtor to pay the debt he owes, and the creditor directs to start the procedures for implementation in accordance with the provisions of the court, and begins to implement the ruling by collecting money or by depositing, or it is possible that he will obtain his debt in the form of Movables, and in order to carry out the execution, the creditor must have a judgment indicating the commencement of the execution.

 

It does not require the creditor to specify the debt for which the court has issued a judgment, and he has the right to implement the judgment without resorting to filing a lawsuit claiming funds.

 

With regard to Turkish law, there are a number of types of execution procedures without a judgment being issued, and these types are:-

First, the public road, and through it, the implementation will begin in general, in the absence of any exchange bonds.

 

Secondly, in cases of eviction of the rented real estate, implementation will be started without any judgment being issued.

 

And the last type in which the creditor files a lawsuit against the debtor, asking him to pay the debt, in the event that he refrains from paying the debt entirely.

 

Turkish law guarantees the creditor to obtain his right from the debtor by following legal methods, and applying all documents related to the debt.

 

friendly settlement

The amicable settlement is resorted to by both parties in order to reconcile the matter between the creditor and the debtor, and each party obtains its right, and gives additional time to the debtor in order to be able to pay the debt owed by him.

Friendly settlement properties

The amicable settlement has a number of characteristics, the most prominent of which are the following:-

• Availability of satisfaction between both the creditor and the debtor, and this satisfaction is done by writing or orally and it can be implicitly.
• It must fulfill all the elements related to contracts and their validity, namely land, bees and reason, in addition to the eligibility condition.
• If the contract includes a number of creditors, it requires the consent of all of them in whole and not in part, in addition to the consent of the debtors.

 

This is the amicable settlement that the two parties resort to if all the conditions and characteristics required for the validity of the contract are met.

 

Judicial settlement

The system of resorting to judicial settlement provides absolute protection, permanent and religiosity, as it guarantees the protection of the debtor in the event of failure to pay, due to his misfortune and the exit of matters out of his control, a film for judicial settlement as well as declaring his bankruptcy, as well as the protection of this settlement of the right of the creditor to obtain his right in full. This is in the event that the debtor evades and abstains from paying voluntarily, and in the coming lines we will explain the characteristics and conditions of the judicial settlement.

 

 

Features of judicial settlement

The judicial settlement has a number of characteristics, which revolve around the following:-

• That the idea of ​​judicial settlement is a protective system from exposure to bankruptcy.
• The advantage of judicial settlement enjoys judicial liquidation.
• That this distortion is a collective system.
• The settlement is applied to the bona fide merchant.

 

The legal nature of the judicial settlement

Opinions vary in determining the nature and nature of the legal settlement, some of them expressed their opinion and said that it is a contract, the other put it as a judicial ruling, and third methods recognized that it is a legal obligation, both of them presented and refuted the legal grounds according to their point of view.

 

1. A judicial settlement is a legal obligation.

Many have made it clear that it is a legal obligation, because the dwarf obligating the parties to appear for reconciliation results from a legal obligation resulting from the agreement of all creditors and the agreement of the will of the debtors, as well as the court’s ratification of this matter under the pretext of law.

 

2. A judicial settlement is a court ruling

This jurisprudence has adopted the trend that supports that a judicial settlement is a judicial ruling, based on the ruling of the court through the ratification of many decisions.

 

3. A judicial settlement is a contract

This opinion tends to the fact that the judicial settlement is a contract resulting from the agreement of two wills and the consent of both the creditor and the debtor, in addition to the ratification issued by the court, in order to protect both creditors and debtors.