Enforcement Proceedings
What is Enforcement Proceedings with a Court Order?
Enforcement proceedings are legal actions taken by the creditor, through the state, to collect a debt when the debtor fails to pay for any reason. The crucial aspect here is the inability to collect the receivable. Comprehensive information on enforcement proceedings can be obtained by visiting the site. Debt collection is carried out through 2 methods: enforcement proceedings with a court order and enforcement proceedings without a court order. The action for debt collection can be carried out through a court order, i.e., through the court, or it can be carried out without a court order, i.e., without a court.
What are the Responsibilities of an Enforcement Lawyer Towards Their Client?
If a person's right is not fulfilled or is violated, they can apply to the court to obtain this right and demand payment of their right or prevention of the violation. As a result of the request, they apply to the Enforcement Directorate with the court order they received from the court. Upon the creditor's request for enforcement proceedings, the Enforcement Directorate prepares an enforcement order, and this enforcement order is served to the debtor. The debtor cannot object to enforcement proceedings with a court order before the Enforcement Directorate. However, the debtor can file a lawsuit in the Enforcement Courts based on the debt. If the debtor's claims are accepted in the filed lawsuit, the enforcement of the court order can be postponed. Thus, the court order can be objected to as desired.
The responsibilities of an enforcement lawyer towards their client during enforcement proceedings can be listed as follows:
- To ensure the collection of the receivable by contacting the person to whom the client is a creditor.
- To pursue legal action depending on the attitude of the debtor or institution.
- In cases where payment is not made by the debtor, to proceed with the enforcement proceedings without delay.
- To carry out transactions on the assets of the debtor.
- If there is a pledge or mortgage, to pursue the collection of receivables through these.
- To examine the terms of cheques without funds.
- To carry out the objection processes for enforcement lawsuits with bad faith.
- To defend the rights of the client person or institution until the file is concluded.
