Enforcement and bankruptcy law is a technical field in which economic disputes that directly affect both creditor and debtor are resolved, such as the inability to collect a receivable or exposure to an unlawful proceeding. For a debtor who receives a payment order, the objection periods that run within days, and for a creditor seeking to collect their receivable, the choice of the correct type of proceeding, determine the entire course of the process. An error in the very first step taken very often makes the collection of the receivable more difficult or leaves the debtor facing an unlawful proceeding. As Av. Aydın, we offer our clients holistic support at every stage of enforcement law, from the commencement of the proceeding through to the attachment and sale stage, and from objection and litigation processes to bankruptcy and composition. Setting the process up correctly from the outset with an experienced Izmir enforcement lawyer both prevents losses of rights and strengthens the collectability of the receivable.
Our Services as an Enforcement Lawyer
Enforcement and bankruptcy law is a comprehensive field that encompasses a broad body of legislation, above all the Turkish Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu), together with extremely strict procedural rules. Our service in this area is not limited to commencing proceedings; just as we act in the representation of the creditor so that they may recover their receivable, the representation of the debtor in protecting the rights of a debtor faced with an unlawful or defective proceeding also falls within the scope of our office's work. Whichever side of the file it is on, an Izmir enforcement lawyer must have command of procedure and time limits and must be able to determine the correct type of proceeding and the correct legal remedy. Our main types of cases and transactions are the following:
- Enforcement proceedings without a judgment: A proceeding by way of general attachment, resorted to for monetary and security receivables that do not rest on a court decision (a judgment). A payment order is sent to the debtor; if no objection is made, or if the objection is overcome, the proceeding becomes final.
- Enforcement proceedings based on a judgment: A proceeding that rests on a court decision or on a document having the nature of a judgment. An enforcement order (icra emri) is served on the debtor and, as a rule, is not halted by an objection; in this respect it is a stronger route for the creditor.
- Proceedings specific to negotiable instruments (cheques and promissory notes): A special, fast-running route followed for receivables based on negotiable instruments such as cheques, promissory notes (bonds) and bills of exchange. In this proceeding an objection, as a rule, does not halt the proceeding.
- Proceedings by way of realisation of a mortgage or pledge: The route by which, where the receivable is secured by a mortgage over immovable property or a pledge over movable property, the asset constituting the security is sold and the receivable is collected.
- Attachment transactions: Following the finalisation of the proceeding, the identification of the debtor's movable and immovable property, bank accounts, salary and rights and receivables held by third parties, and the conduct of the processes for placing an attachment (haciz) upon them.
- Objection to the payment order, annulment of the objection and removal of the objection: The debtor's timely objection to the payment order, or the creditor's recourse, in order to overcome that objection, to the annulment of the objection (a court action) or to the removal of the objection (before the enforcement court).
- Negative-declaratory and recovery (istirdat) actions: The negative-declaratory action, by which a person asserting that they are not indebted seeks a determination that they owe no debt, and the recovery action brought to reclaim a sum unlawfully paid.
- Recovery of property (istihkak) action: An action brought on the assertion that an attached asset belongs not to the debtor but to a third party, and aimed at freeing the asset from the attachment.
- Bankruptcy and postponement of bankruptcy: Proceedings by way of bankruptcy and bankruptcy actions in respect of insolvent capital companies and cooperatives; and the assessment of the protective processes provided for in the legislation.
- Composition (concordat): The conduct of the processes that enable a debtor whose financial situation has deteriorated to pay their debts under a defined plan by agreement with their creditors, and that bring protection to the debtor.
- Action to set aside a disposition (tasarrufun iptali): An action aimed at having dispositions made by the debtor in order to conceal assets from creditors, such as transfers and gifts, declared ineffective as against the creditor, so that the proceeding may be pursued over that asset.
- Complaint and enforcement-law actions: Recourse to the enforcement court against the defective or unlawful transactions of the enforcement offices, and the resolution of the various disputes arising from an enforcement proceeding.
- Insolvency and certificate-of-insolvency transactions: Where the receivable cannot be collected, obtaining a certificate of insolvency (aciz vesikası) and making use of the legal possibilities that this document affords.
- Annulment of the auction (ihalenin feshi): Recourse to the enforcement court to have an auction annulled where there is a procedural irregularity in a sale carried out by way of enforcement (an auction).
In every one of these types of case and proceeding, an Izmir enforcement lawyer may act both as the representative of the creditor seeking to collect their receivable and as the representative of the debtor faced with an unlawful proceeding. As Av. Aydın, we believe that being able to assess the file from both of these perspectives provides an important advantage in seeing all the dynamics of the process and in determining the correct strategy.
How Does the Process Work in Enforcement Proceedings?
Although an enforcement proceeding is conducted by different routes according to the type of receivable and the document on which it rests, the basic logic generally consists of similar stages. A correct understanding of these stages is of great importance in knowing which step is to be taken at which moment. The process begins with the creditor filing a request for enforcement with the competent enforcement office.
Commencement of the Proceeding and the Payment / Enforcement Order
The creditor draws up the request for enforcement, applies to the enforcement office and asks that a payment order or an enforcement order appropriate to the type of proceeding be issued. In a proceeding without a judgment a payment order is served on the debtor, and in a proceeding based on a judgment an enforcement order. This service grants the debtor a defined period within which to pay the debt or to object. That the service be effected in due form is of great importance for the validity of the process; a defective service may cause the process to be vitiated from the outset. An Izmir enforcement lawyer, by ensuring that the proceeding is commenced from the correct office, in the correct type and completely, minimises the risks of objection and delay that might otherwise arise later.
Objection, Finalisation of the Proceeding and Attachment
If the debtor does not object within the period or the objection is overcome by lawful means, the proceeding becomes final and the attachment stage is reached. In a proceeding without a judgment, an objection to the payment order, as a rule, halts the proceeding; in that case, in order to set the objection aside, the creditor must bring an action or apply to the enforcement court. By routes such as proceedings specific to negotiable instruments and proceedings based on a judgment, however, the effect of an objection in halting the proceeding is limited. Once the proceeding becomes final, an attachment may be placed over the debtor's assets, and the attached assets are sold and the receivable collected. At this stage, correct research into the assets and the placing of the attachment in due form are decisive for the receivable to be collected in fact.
Objection to the Payment Order and Objection Periods
One of the most critical matters in enforcement and bankruptcy law is time limits. In this field, time limits very often run by the count of days, and a missed day can lead to a loss of rights. The situation the debtor most frequently encounters is what they must do when a payment order reaches them. An objection to the payment order is the debtor's most fundamental route of defence; but it is essential that this objection be made within the period and in due form.
In enforcement law, time limits are a matter of public order and very often cannot be extended; for this reason, it is of great importance that a person who receives a payment order or an enforcement order obtain legal support without losing any time.
The type of objection also directly affects the outcome. An objection to the debt is directed at the existence or the amount of the debt; an objection to the signature rests on the assertion that the signature on the instrument does not belong to the debtor. An objection to jurisdiction (competence) comes onto the agenda where the proceeding has been commenced at the wrong enforcement office. On what basis and how the objection is made determines the burden of proof and the remainder of the process. On the creditor's side, there are two basic routes to overcome the debtor's unlawful objection: if the receivable rests on a document, the removal of the objection before the enforcement court; if it does not, an action for the annulment of the objection before the general court. An error in this choice may cause the creditor to suffer a loss of time and of rights. An Izmir enforcement lawyer places the process on a sound footing by determining both the correct type of objection for the debtor and the correct route of action for the creditor.
Attachment and Sale Transactions
The stage at which the receivable is in fact collected, after the proceeding has become final, is the attachment and sale process. Attachment is the seizure by the enforcement office of assets sufficient to cover the debtor's debt. Attachment may be applied to the debtor's immovable property, vehicles, bank accounts, salary and rights and receivables held by third parties. However, in order to protect the minimum living conditions of the debtor and their family, our law regards certain assets and rights as wholly or partly exempt from attachment; that an attachment cannot be placed above a defined proportion of the salary is a well-known example of this.
The attached assets are converted into money by sale through a public auction, in accordance with the procedure provided for in the law, and the proceeds obtained are distributed to the creditors. In the sale process, each of the stages, such as the determination of value (valuation), the sale notice and the holding of the auction, is subject to strict procedural rules. Where these rules are breached, the annulment of the auction may come onto the agenda. From the debtor's perspective, raising exemption-from-attachment objections in good time, and from the creditor's perspective, placing the attachment upon the correct assets and in due form, are of great importance. An Izmir enforcement lawyer ensures that these technical stages, from the research into the assets through to the monitoring of the sale process, are conducted correctly.
Negative-Declaratory, Recovery and Recovery-of-Property Actions
Alongside the enforcement proceeding, certain actions that run hand in hand with enforcement law are important for the protection of the rights of both the debtor and third parties. A correct understanding of these actions shows how a person may be protected against an unlawful proceeding or a defective attachment.
The negative-declaratory action is an action by which a person against whom a proceeding has been commenced, or is in danger of being commenced, seeks a determination by the court that they are in fact not indebted. The debtor may bring this action before making any payment. The recovery action (istirdat), on the other hand, is an action brought by a person who, having no debt, has been compelled to pay a sum under the threat of enforcement, in order to reclaim the money paid; in this respect it is the post-payment form of the negative-declaratory action. The recovery-of-property action (istihkak), meanwhile, rests on the assertion that, in an attachment carried out for the debtor's debt, the attached asset belongs not to the debtor but to a third party, and it aims at freeing that asset from the attachment. Each of these actions has time limits, a burden of proof and procedural rules of its own; an incorrect assessment may lead to a loss of rights. An Izmir enforcement lawyer protects the client's rights by correctly determining which action is required in the concrete case.
Bankruptcy, Composition and Setting Aside Dispositions
Enforcement and bankruptcy law covers, alongside the pursuit of individual receivables, the collective liquidation processes that concern the whole of the debtor's assets and all of their creditors. These processes are of great importance particularly in commercial life and in respect of companies.
Bankruptcy is a process, applicable as a rule to merchants and to certain persons enumerated in the law, that provides for the whole of the debtor's attachable assets to be liquidated and distributed to the creditors. A proceeding by way of bankruptcy is subject to rules different from those of the general attachment route. Composition (concordat), on the other hand, is an institution that enables a debtor whose financial situation has deteriorated but who has not fallen into complete insolvency to pay their debts under a defined plan by agreement with their creditors, and that brings a defined protection to the debtor throughout the process. The action to set aside a disposition (tasarrufun iptali), meanwhile, aims at having transactions made by the debtor in order to conceal assets, such as gifts and transfers, declared void as against the creditor and at collecting the receivable over that asset. These processes are both technical and a race against time; a step not taken at the right moment may produce consequences that are difficult to repair. An Izmir enforcement lawyer assumes a strategic role in these collective liquidation and protection processes, on both the debtor's and the creditor's side.
Izmir Enforcement Lawyer Fees
The fee of an enforcement lawyer is among the first matters most people wonder about at the start of the process. The most important factor determining the fee is the type of proceeding, the amount of the receivable, the scope of the file and the anticipated workload. Commencing a single proceeding without a judgment differs greatly, in terms of the labour required, from conducting a long-running action for the annulment of an objection or a bankruptcy and setting-aside file with many separate heads. The table below has been prepared to offer a general framework for pricing; it does not give a definite figure but is intended to show the elements that affect the fee.
| Transaction / Type of Case |
Principal Factors Affecting the Fee |
| Commencement of an enforcement proceeding with or without a judgment |
The amount of the receivable, the number of debtors and the nature of the type of proceeding |
| Proceeding specific to negotiable instruments (cheques and promissory notes) |
The number of instruments, the amount of the receivable and the urgency of the transaction |
| Action for the annulment / removal of the objection |
The scope of the dispute, the state of the evidence and the duration of the proceedings |
| Negative-declaratory, recovery and recovery-of-property actions |
The value of the case, the density of the evidence and the complexity of the file |
| Proceeding by way of realisation of a mortgage / pledge |
The type of security, the determination of value and the scope of the sale process |
| Bankruptcy, composition and setting aside dispositions |
The size of the assets, the number of creditors and the duration of the process |
| Legal advice / preliminary consultation |
The scope of the problem and the examination it requires |
Attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. A fee set above the tariff is agreed freely according to the particulars of the file, the labour to be expended and the need for expertise. Another matter that frequently arises in enforcement files is the distinction between the proceeding fee and the collection fee: the fee set for the commencement of the proceeding and the fee calculated over the amount collected where the receivable is in fact recovered may be separate heads. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; it would not be a sound approach to commit to a definite figure without examining the concrete file.
It is also necessary to draw attention to another distinction that is frequently confused here. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, the proceeding and litigation costs are the items paid to the State or to third parties during the process, such as application and advance fees, service costs, valuation and expert fees, and sale expenses. These two heads are independent of each other. Moreover, depending on the outcome of the proceeding and the case, the counterparty attorney's fee that the court or the enforcement office may charge to the opposing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. Discussing these heads clearly from the start when working with an Izmir enforcement lawyer forestalls surprise costs and makes the process predictable.
Who Is the Best Enforcement Lawyer in Izmir?
One of the questions most searched for online is "who is the best enforcement lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every enforcement file has circumstances of its own, and the type of receivable, the state of the debtor's assets and the urgency of the process differ. A simple proceeding without a judgment and a bankruptcy or setting-aside file with many creditors require very different expertise and experience. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.
Some criteria that can be considered when choosing a good enforcement lawyer are the following:
- Experience and area of specialisation: The lawyer's accumulated experience in the field of enforcement and bankruptcy law, and in proceedings and cases similar to the one in your file, is important.
- Command of the processes and of procedure: Enforcement law rests on strict time limits that run by the count of days; a good lawyer tracks these periods and the procedural rules completely.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence.
- Accessibility: Being able to reach the lawyer in good time is of critical importance, especially in urgent situations such as objection periods that run by the count of days.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely collect your receivable", should be preferred.
It should be understood that no lawyer can guarantee the outcome in advance in enforcement and bankruptcy law; for the collection of the receivable depends largely on the existence of the debtor's assets and on developments during the process. When choosing an Izmir enforcement lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises you a certain result, will be in your interest over the long term. As Av. Aydın, our approach is to avoid inflated promises and to build the strongest legal ground together by presenting our client with a true picture.
Points to Watch Out for During the Enforcement Process
The enforcement and bankruptcy process is a period that must be managed carefully by both creditor and debtor. Certain errors made during this process may lead to losses of rights that are difficult to repair later. The points most frequently encountered are the following:
- Meticulous tracking of time limits: In enforcement law, the periods for objection, complaint and litigation very often run by the count of days; a missed period may lead to the complete loss of the right.
- Choosing the correct type of proceeding: Failing to choose the type of proceeding appropriate to the type of receivable and the document on which it rests may cause the process to be vitiated from the outset and lead to a loss of time.
- Conformity of the service with due form: A defective service may affect the validity of the proceeding; the service process must therefore be followed carefully.
- Correct research into the assets: The actual collection of the receivable depends on the identification of the debtor's attachable assets; incomplete research makes collection more difficult.
- Correct determination of the type of objection: The distinction between an objection to the debt, to the signature or to jurisdiction directly affects the burden of proof and the remainder of the process.
The oversight of these points very often affects the course of the file adversely. Working with an Izmir enforcement lawyer from the very start of the process ensures that these risks are foreseen in advance and that the necessary steps are taken in good time.
The Role and Importance of the Enforcement Lawyer
Enforcement and bankruptcy law is a field in which the balance is struck between the creditor's right to recover their receivable and the debtor's basic economic safeguards. In this balance, the person who stands beside the parties, protects their rights and ensures that the process is conducted in due form is the lawyer. The role of an enforcement lawyer is not confined to commencing a proceeding; determining the correct type of proceeding, researching the assets, tracking the time limits, managing the objections and cases, and meticulously following the attachment and sale process are also inseparable parts of this role.
On the debtor's side, the lawyer ensures the protection of the rights of a person faced with an unlawful or defective proceeding, the timely making of the correct objection and, where necessary, the debtor's defence through actions such as the negative-declaratory action. On both sides, the presence of the lawyer contributes to the process running fairly and in due form. Particularly in enforcement files, where economic values are at stake, conducting the process from the very start in the company of an Izmir enforcement lawyer forestalls losses of rights that are difficult to repair.
Our Approach as Av. Aydın
Enforcement and bankruptcy law is a delicate field in which substantive law and procedural law intertwine and in which time limits and technical details are decisive. The particular circumstances of each file, the type of receivable, the document on which it rests, the state of the debtor's assets and the urgency of the process call for a different legal strategy. As Av. Aydın, we first assess the file as a whole, determine the correct type of proceeding and the strongest legal remedy, and work from the very start of the process to forestall potential losses of rights.
We support our clients in Izmir and the surrounding region at every stage, from proceedings with and without a judgment to proceedings specific to negotiable instruments, from the management of objection and litigation processes to the monitoring of attachment and sale transactions, and from bankruptcy and composition to the setting aside of dispositions. Our aim is not merely to commence a proceeding; it is to strengthen the receivable's real collectability for the creditor and to build the soundest defence against an unlawful proceeding for the debtor. The losses of rights most frequently encountered in enforcement files stem from missed time limits, the choice of the wrong type of proceeding, incomplete research into the assets and the incorrect determination of the type of objection.
The inability to collect a receivable, or being faced with an unlawful proceeding, is a wearing process in both material and moral terms. Having an experienced legal adviser at your side in this process both protects your rights and ensures that the process advances more predictably and with less strain. For any question concerning enforcement and bankruptcy law, whether you are a creditor or a debtor, you are welcome to contact our office.
