Enforcement Law | Individual Enforcement Cases and Debt Collection in Antalya
What Is Enforcement Law?
Enforcement law aims to ensure the legal collection of debts while protecting the rights of both creditors and debtors. In Antalya, the most common cases involve credit card debts, bank loans, rent receivables, and wage garnishments.
Types of Enforcement Proceedings
Non-Judicial (Ilamsız) Enforcement
It is initiated without a court judgment, based on documents such as promissory notes, invoices, or rental debts. If the debtor does not object to the payment order within 7 days, the proceeding becomes final.
Judicial (Ilamlı) Enforcement
It is based on a court decision or arbitral award. The debtor cannot object to the substance of the debt, only to procedural defects.
Eviction Due to Rent Debt
If the tenant fails to pay the rent, the creditor may request both the collection of rent and the eviction of the tenant.
What If Enforcement Is Initiated While I Owe Nothing?
In cases of wrongful or mistaken enforcement proceedings, the debtor must file an objection to the payment order within 7 days. Otherwise, garnishments such as wage deductions, bank account seizures, or home seizures may begin.
Wage Garnishment, E-Seizure and Bank Blockages
Wage Garnishment
Only one-fourth (1/4) of the debtor’s salary can be seized. Higher deductions are unlawful.
E-Seizure
Electronic garnishment may be imposed on the debtor’s bank accounts. Excessive or erroneous deductions can be lifted by filing a complaint.
Bank Blockage
The blockage is removed once the debt is paid or if an objection is accepted. In case of wrongful enforcement, an application can be filed with the enforcement court.
Can They Seize My Home? Non-Seizable Assets
During enforcement, items essential for the debtor’s survival cannot be seized.
Non-seizable assets: refrigerator, washing machine, kitchen utensils, tools required for one’s profession, and retirement pensions.
Seizable assets: immovable properties, vehicles, bank accounts, jewelry, and luxury items.
Debt Management by Asset Management Companies
Banks may transfer unpaid loans and credit card debts to asset management companies. In such cases:
- The asset management company becomes the new creditor.
- Interest and expense calculations must be re-examined.
- With the help of a lawyer, the debtor may request discounted settlements or installment plans.
Enforcement Procedures for Creditors
- Initiating enforcement proceedings and file follow-up
- Investigation of the debtor’s assets
- Conducting seizure and sale procedures
- Obtaining precautionary seizure orders to prevent asset transfers
- Rent collection and eviction processes
Frequently Asked Questions (FAQ)
How much of my salary can be deducted?
As a rule, only 1/4 of the salary can be garnished. Any higher deduction is unlawful and can be contested.
Can they seize my home? Which household items cannot be seized?
Basic household items necessary for daily life cannot be seized. However, luxury goods, second televisions, cars, and jewelry may be seized.
My bank account has been seized electronically (e-seizure). How can I lift it?
It is lifted when the debt is paid or the objection is accepted. For wrongful blockages, an application can be made to the enforcement court.
Can my retirement pension be garnished?
As a rule, retirement pensions cannot be seized. However, alimony debts are an exception.
Enforcement proceedings have been initiated even though I owe nothing, what should I do?
You must file an objection to the payment order within 7 days. Otherwise, the debt becomes final.
How can I check if there are enforcement files against me?
You can log in to the Citizen Portal (UYAP) through the e-Government system and see enforcement cases filed against you.
I paid my debt but the file is still open, why?
The creditor’s attorney must file a request to close the file. If they do not, the debtor may apply to the enforcement office.
My car has been seized, how can I remove it?
It can be lifted by paying the debt, restructuring it, or proving that the seizure was wrongful.
Can I pay my debt in installments?
Yes. A formal protocol can be signed with the creditor or their attorney. This prevents new proceedings in the future.
I was a guarantor for a debt, am I liable for all of it?
Depending on the type of guarantee, you may be liable. If it is a joint guarantee, you may be responsible for the entire debt.
Can an enforcement officer forcibly enter my home?
They cannot enter your home without a court order. You have the right to file a complaint if this occurs.
What is “breach of undertaking” and does it lead to imprisonment?
If the debtor gives an undertaking at the enforcement office and fails to fulfill it, imprisonment may be imposed for breach of undertaking.
How are enforcement proceedings initiated?
The creditor applies to the enforcement office with a petition and supporting documents. A lawyer ensures faster and smoother progress.
How much are enforcement costs in Antalya?
Costs vary depending on the amount of the debt. Fees for stamps, notifications, and procedures are initially paid by the creditor.
How can I find out about the debtor’s assets?
Property, vehicle, social security, and bank records are investigated through the enforcement office.
What happens if a promissory note or check is not paid?
Enforcement proceedings specific to commercial papers are initiated. This process works faster than ordinary proceedings.
My tenant is not paying rent, how can I evict them?
Enforcement proceedings can be initiated for rent receivables. If payment is not made, the tenant can be evicted.
When does an enforcement file close?
It closes when the debt is paid or after the 10-year statute of limitations expires.
How long does an enforcement case take?
It depends on the type of file and court workload. On average, it is concluded within a few months to a year.
What is a precautionary seizure order?
It is a temporary seizure imposed on the debtor’s assets to secure the creditor’s claim.
How much are attorney fees for enforcement cases in Antalya?
Attorney fees are determined according to the Turkish Bar Association’s minimum fee tariff and may vary depending on the case.
Where are the enforcement offices in Antalya Courthouse?
They are located within Antalya Courthouse in Muratpaşa. Transactions proceed faster with an attorney.
I paid my debt, when will my credit record improve?
Although payment is visible in credit records, the correction of your financial record may take some time.
Can I negotiate a discount with an asset management company?
Yes. In many cases, discounted payments or installment agreements can be negotiated through an attorney.