On Turkish Law System, it is possible to start executive proceeding for pecuniary and surety claims. On proceedings without judgement, Creditor applies to the enforcement office and commences the proceeding against to the debtor. It is not necessary to have a document or testimonial to commence a executive proceeding. First of all, creditor applies to the enforcement office with a request to issue enforcement proceeding and after that a payment order should be notified to the debtor. The payment order will be notified to the debtor according to the Notification Law. The debtor should object to the proceeding on 7 days, from payment order notification date. If debtor objects on 7 days, proceeding stops and couldn’t continue until withdrawal of appeal or annulment of objection. It is necessary to commence a lawsuit to continue the proceeding and to withdrawal of appeal or annulment of objection.
The Procedure About Pecuniary Claim:
- If the debtor doesn’t object, proceeding continues.
- If the debtor objects to the proceeding and the debtor has the documents specified on the Law (Bankruptcy and Enforcement Law Article 68 and 68/a);
- Creditor could claim the annulment of objection from the Enforcement
- Court and take judgement. This lawsuit should be commenced within 6 months from the date objection notified to the creditor.
OR
- Creditor could commence for annulment of objection and take judgement.
- If the debtor doesn’t object to the proceeding and the debtor doesn’t have the documents specified on the Law (Bankruptcy and Enforcement Law Article 68 and 68/a);
- Creditor could commence for annulment of objection and take judgement.
On the continuation of the enforcement proceedings, debtor’s assets will be questioned for collection of receivables. The debtor's movable and immovable property, postal checking account, shares owned and the claims to a third party will be seized. Debt will be recovered with the value received. If other creditors have rights with other enforcement files on the assets, these assets are going to divide among the creditors.