What is Enforcement Proceeding and Foreclosure in Turkey?

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What is enforcement proceedings?
It is the legal name of the transaction initiated by the creditor in the executive directorate to get the debtor receivable.

What is foreclosure?
As will be explained below, it means that the property and rights of the debtor are confiscated through the executive directorate.

When a paper came from execution office;
Notifications sent by the executive directorate are usually payments or enforcement orders issued upon enforcement proceedings. Read it carefully. Please note that it has time limit.

What is the Difference of Payment Order / Execution Order?
Both are documents stating that you have a debt that you did not pay and that it will be collected through the bailiff.

Types of enforcement proceedings
Proceeding without judgement
Proceedings for bills of exchange
Proceeding with judgement
(Payment order is sent for proceedings without judgement and proceedings for bills of exchange and execution orders are sent for proceedings with judgement.)

What Notifies the Payment Order / Execution Order?
The following information is shown in these documents issued by the executive directorate and sent to the debtor:

Name and address of the creditor
Borrower's name, address
The amount of debt
Interest rate to process
Interest start date

Why Is Payment / Execution Order Sent?
The bailiff will send you this document and give you time to exercise your legal rights. If you do not have debt, if the amount of debt is not correct, if the debt you previously paid is requested again, you can stop proceeding by using your legal rights.

What Should I Do When I Get an Enforcement Order or Payment Order and What Are My Legal Rights?
The payment / execution order may be the last step before the confiscation of your goods and rights. Read these documents carefully. What you have to do and your legal rights are written at the bottom. Use these rights. If the text written in the payment / enforcement order seems difficult and complicated to you, it is recommended to get legal help.

What is Foreclosure Process?
Enough amount of goods are identified and written in the foreclosure minutes for the collection of the receivable under the supervision of the bailiff. If the creditor requests, your belongings can be taken from your home, taken to the trustee or left to you as trustee. The creditor or his deputy may be present during the foreclosure. During the foreclosure process, the bailiff is obliged to write your declarations and requests in the record of foreclosures. Please read the minutes of attachment carefully, do not sign it without reading. If your requests are not written, you can sign this record or not sign it.

For more details please contact us to assist you.

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