Esenyurt Lawyer – Legal Consultancy and Attorney Services

In this article 30 headings
  1. What to Do When Facing a Legal Issue in Esenyurt?
  2. How is the Legal Consultancy Process Conducted?
  3. Which Documents Should Be Prepared When Attending the Initial Consultation with a Lawyer?
  4. Immigration and Foreigners Law Transactions Connected to Esenyurt
  5. Work Permit Procedures
  6. Legal Procedures Regarding Turkish Citizenship
  7. Rental Disputes Connected to Esenyurt
  8. Real Estate and Title Deed Disputes
  9. Legal Due Diligence Before Real Estate Acquisition
  10. Disputes Arising from Family Law
  11. Criminal Investigations and Criminal Proceedings
  12. Execution Proceedings and Collection of Receivables
  13. Disputes Between Employees and Employers
  14. Legal Process Following a Work Accident
  15. Claims Arising from Compensation Law
  16. Legal Counseling for Companies and Commercial Enterprises
  17. Disputes Arising from Consumer Law
  18. Legal Remedies Against Administrative Actions
  19. Is Filing a Lawsuit Always Necessary?
  20. When Is Mediation Mandatory?
  21. Why is the Date of Service Important?
  22. Can the Outcome of a Lawsuit Be Predicted in Advance?
  23. How Long Does a Lawsuit Take?
  24. How Is the Attorney's Fee Determined?
  25. Does a Person Living in Esenyurt Need to Have a Lawyer Located in Esenyurt?
  26. Must Legal Consultations Be Conducted Face-to-Face?
  27. Frequently Asked Questions
  28. About Attorney Batın Yılmaz
  29. Contact Information
  30. Professional and Legal Information

Individuals residing, working, or engaging in commercial activities in Esenyurt may encounter legal disputes for various reasons. When a legal issue arises, the applicable method is determined not only by the subject matter of the dispute but also by the specifics of the case, the legal status of the parties, available documentation, and the applicable legislation.

Attorney Batın Yılmaz, is registered with the Istanbul Bar Association and actively practices law. Within the scope of legal consultancy, this may involve examining the specific case and existing documents, evaluating applicable legal remedies, and conducting litigation, application, or enforcement proceedings where necessary.

The main office of Batın Yılmaz Law Firm is located in Istanbul's Beylikdüzü district. Legal consultancy and advocacy services can also be provided depending on the nature of the case for individuals residing in Esenyurt or having legal disputes connected to Esenyurt.

What Should Be Done When Facing a Legal Issue in Esenyurt?

When a legal dispute arises, the legal nature of the issue must first be determined. Two issues expressed identically in daily life may be subject to completely different lawsuits or legal remedies under the law.

For example, a dispute between a property owner and a tenant may be based on non-payment of rent, eviction due to personal need, a written eviction commitment, determination of the rental fee, or another reason arising from the use of the property.

A foreigner's legal issue in Türkiye, however, may relate to a residence permit, work permit, deportation decision, restriction code, citizenship application, or another administrative action. The applicable legislation and application deadlines may vary for each of these actions.

Therefore, before initiating any legal proceedings, the following questions generally need to be answered:

  • What is the legal nature of the dispute?
  • Who are the parties to the dispute?
  • What documents are available?
  • Has an official notification been served?
  • Is the statute of limitations or application deadline running?
  • Is mediation a mandatory prerequisite for filing a lawsuit regarding the dispute?
  • Which court or administrative authority has jurisdiction and venue?
  • Has a lawsuit, enforcement proceeding, or administrative application previously been made regarding the same matter?

The answers to these questions help determine the legal method to be followed.

How is the Legal Consultancy Process Conducted?

In the initial stage of the legal consultancy process, it is important to understand the chronology of the dispute. The dates on which events occurred, the actions taken by the parties, and the current stage of the dispute are determined.

Subsequently, the legal documents, if any, are examined. Depending on the nature of the dispute, contracts, warning letters, notifications, court documents, enforcement file records, title deed records, corporate documents, administrative decisions, or other records may be taken into evaluation.

After evaluating the documents and the specifics of the incident together, applicable legal remedies can be determined. Not every dispute needs to be resolved by directly filing a lawsuit. Depending on the specific case, different methods such as issuing a notice, mediation, enforcement proceedings, administrative application, settlement, or litigation may come into question.

Which Documents Should Be Prepared When Attending the Initial Consultation with a Lawyer?

Preparing the documents related to the dispute prior to the legal consultation can help ensure a more sound evaluation of the matter.

Depending on the type of case, the following documents may be of importance:

  • Documents sent by the court or the prosecutor's office,
  • Enforcement payment orders or execution orders,
  • Notary warning letters,
  • Lease, sales, or service contracts,
  • Title deed and real estate documents,
  • Articles of association and company resolutions,
  • Payment receipts and invoices,
  • Decisions rendered by administrative authorities,
  • Residence or work permit documents,
  • Health reports,
  • Correspondence directly related to the dispute.

The absence of all documents during the initial consultation does not preclude conducting a legal evaluation in any case. Additional documents required during the review may be determined separately.

Immigration and Foreigners Law Transactions Connected to Esenyurt

In the legal proceedings of foreign nationals in Türkiye, not only general private law provisions but also legislation on foreigners and international protection, as well as administrative law rules, may apply.

Proceedings that may affect a foreigner's status in Türkiye may include residence permits, work permits, deportation orders, entry bans to Türkiye, and restriction codes.

The legal consequences of these proceedings differ from one another. Therefore, a definitive assessment regarding the available legal remedies should not be made without determining the type of document issued regarding the foreigner and the date of service.

Residence Permit Applications and Rejection Decisions

Foreigners wishing to stay in Türkiye are evaluated with respect to the type of residence permit suitable for their circumstances. The purpose of the foreigner's stay in Türkiye and the conditions required for the relevant residence permit type are crucial during the application process.

In the event that a residence permit application is rejected, the grounds for the rejection decision and the date on which it was served to the foreigner must be examined. The administrative or judicial remedies available against the decision are evaluated based on the specific characteristics of the transaction.

Deportation Orders

Under the Law on Foreigners and International Protection No. 6458, deportation orders may be issued against foreigners under certain circumstances.

When faced with such a decision, the grounds upon which the decision is based and the date it was served to the individual are of importance. Due to the short application deadlines in immigration and foreigners law, official documents may need to be examined without delay.

Restriction Codes and Entry Bans to Turkey

Various administrative restriction records may be created concerning foreigners, or an entry ban to Turkey may be imposed.

In this case, the legal basis of the restriction code or entry ban and the specific grounds upon which the action was taken against the foreigner must first be evaluated.

The legal remedy applicable against the administrative action may vary depending on the type of action and the specific characteristics of the case file.

Work Permit Procedures

The employment of foreigners in Turkey is subject to certain conditions within the scope of the International Labour Law No. 6735 and related regulations.

During the work permit process, the legal status of the foreigner in Turkey, the work to be performed, the status of the employer, and the type of application may carry significance.

Working under an employer and working by establishing a company in Turkey or becoming a partner in an existing company do not share the same application structure.

For foreigners who are company partners or business owners, the financial structure of the company, the partnership ratio of the foreigner, the capital share, and relevant evaluation criteria may additionally come into question.

Legal Procedures Regarding Turkish Citizenship

The acquisition of Turkish citizenship may be based on various legal grounds. The conditions for applications such as general naturalization, naturalization through marriage, or exceptional citizenship differ from one another.

Depending on the type of application, different documents and conditions may be required for the person applying for citizenship.

In the event of the rejection of a citizenship application or the issuance of an administrative action affecting citizenship status, the grounds for the administrative action and the date of service are of importance in the legal evaluation.

Rental Disputes Connected to Esenyurt

Disputes may arise between the tenant and the property owner for various reasons regarding residential and commercial leases.

Rental disputes are not limited solely to the non-payment of rent. Eviction due to personal necessity, eviction commitments, determination of rental fees, adaptation of rental fees, and various disputes arising from the use of the property may occur.

Eviction of the Tenant

The procedure to be applied for the eviction of the tenant varies depending on the reason for eviction.

For instance, the legal path to be followed due to the non-payment of rent and the eviction process based on the landlord's need for a residence or workplace are not the same.

In cases where there is a valid eviction commitment, however, the date of drafting of the document, its content, and other specifics of the concrete case must be evaluated.

Disputes Regarding the Determination of the Rent

The duration of the lease relationship and the content of the contract are important in terms of determining the rent.

A rent determination lawsuit and the adaptation of the rent are legally distinct institutions. Which legal remedy can be applied must be determined based on the specifics of the concrete lease relationship.

Real Estate and Title Deed Disputes

Disputes concerning real estate may arise from issues other than lease relationships, such as ownership, title deed records, partition, and the use of the property.

Requests for deed cancellation and registration, partition of joint property (ortaklığın giderilmesi), prevention of encroachment (elatmanın önlenmesi), and disputes arising from real estate sales may come to the agenda within this scope.

In real estate disputes, title deed records and the legal transaction upon which the dispute is based must be examined together.

Legal Due Diligence Before Real Estate Acquisition

In the purchase of real estate, not only the physical condition of the property and the sales price are important, but also its legal status.

The existence of a mortgage, lien, annotation, or other encumbrance on the real estate may affect the legal consequences of the purchase transaction.

Particularly in real estate transactions carried out by foreign nationals, regulations connected with foreigners and citizenship law may also come into question alongside title deed legislation.

Disputes Arising from Family Law

Family law disputes may encompass various issues such as divorce, custody, alimony, property regimes, and personal relations.

In the divorce process, if the parties reach an agreement on the divorce and its consequences, an uncontested divorce may apply; if an agreement cannot be reached, a contested divorce may come into question.

Uncontested Divorce

For an uncontested divorce to take place, the conditions stipulated by law must be met.

It is important that the parties agree on the financial consequences of the divorce and the status of the children, if any. In the prepared protocol, custody, personal relationship with the child, alimony, and other matters agreed upon by the parties can be clearly regulated.

Contested Divorce

If the parties cannot agree on the divorce or the consequences of the divorce, a contested divorce lawsuit may be brought.

In these lawsuits, the events asserted by the parties, fault claims, and evidence supporting them are evaluated.

Custody and Alimony

In disputes regarding custody, the primary assessment is made within the framework of the best interests of the child.

Regarding alimony, depending on the type of alimony requested, the economic and social conditions of the parties and other characteristics of the specific case may be taken into account.

Criminal Investigations and Criminal Proceedings

A person may take part in a criminal investigation as a suspect, complainant, or victim; and during the prosecution phase, as a defendant, intervening party (katılan), or in another capacity depending on the nature of the case.

In the legal evaluation of a criminal case file, the alleged act, the statements of the parties, and the existing evidence are examined together.

Depending on the specifics of the file, camera footage, message records, witness testimonies, medical documents, expert reports, or other evidence may be of significance.

Each criminal case file must be evaluated according to its own evidentiary status. It is not possible to make a definitive assessment regarding the outcome of the investigation or prosecution without examining the file.

Execution Proceedings and Collection of Receivables

The legal method to be applied for the collection of an unpaid receivable may vary depending on the nature of the receivable.

Different enforcement and collection methods may apply for rental claims, commercial claims, claims arising from contracts, or claims based on negotiable instruments (kambiyo senedi).

Depending on the nature of the payment or enforcement order sent to the debtor after the initiation of enforcement proceedings, different objection and application periods may apply.

What to Do When an Enforcement Notice (İcra Tebligatı) Arrives?

A person who receives a payment or enforcement order must first check the type of document and the date of service.

Due to the short statutory periods for objections in enforcement law, evaluating the notice without delay is of critical importance.

If it is believed that the debt does not exist, has been paid previously, or that there is another legal issue with the proceedings, the legal remedy to be utilized must be determined according to the type of proceedings.

Disputes Between Employees and Employers

The termination of employment relationships or issues arising from working conditions may lead to legal disputes between employees and employers.

Issues such as severance and notice pay, wage claims, overtime pay, annual leave, reinstatement, and termination of employment contracts may arise in connection with labor law.

In labor disputes, various evidence such as employment contracts, SSI (SGK) records, payrolls, bank records, workplace correspondence, and witness testimonies can be of significant importance.

In a significant portion of labor disputes, the mandatory mediation process must be completed before filing a lawsuit. However, the same rule does not apply to all labor law disputes.

Legal Process Following a Work Accident

Workplace accidents may concern social security law, labor law, and compensation law simultaneously.

Following the occurrence of a workplace accident, the manner in which the incident occurred, SSI notification, the employer's occupational health and safety obligations, the fault status of the parties, and the resulting damages can be evaluated separately.

If bodily injury has occurred, claims for loss of earning capacity and other pecuniary damages may arise; if death has occurred, claims for loss of support and non-pecuniary damages may be brought under the applicable conditions.

Claims Arising from Compensation Law

Traffic accidents, workplace accidents, torts, breaches of contract, bodily injuries, or violations of personal rights may give rise to various claims for damages.

In compensation disputes, alongside the incurred damage, the legal basis of liability and the causal link between the event and the damage are evaluated.

The conditions and calculation methods for pecuniary and non-pecuniary damages differ from one another.

Legal Counseling for Companies and Commercial Enterprises

Companies operating commercially in Esenyurt’ta may encounter various legal matters arising from contracts, corporate partnerships, debt collection, or employment relationships during their daily operations.

The legal needs of companies do not begin only after a lawsuit arises. Transactions such as company incorporation, share transfers, relations among partners, and commercial contracts also produce legal consequences.

Company Incorporation and Shareholder Structure

The type of company chosen during incorporation, the capital structure, the share ratios of the partners, and the representation method of the company may affect the rights and obligations of the parties in subsequent periods.

Particularly in companies with foreign partners, regulations related to work permits and immigration law may need to be evaluated alongside corporate law.

Commercial Contracts

The commercial relations of companies, such as the purchase and sale of goods or services, supply, dealership, distributorship, and similar relations, are predominantly conducted through contracts.

Provisions regarding payment, delivery, default, termination, liquidated damages, and dispute resolution in contracts can directly affect the legal standing of companies.

Disputes Arising from Consumer Law

Consumers may experience legal disputes with sellers or providers due to the goods or services they have purchased.

Defective goods and services, residential property sales, subscription transactions, or other consumer contracts may be evaluated within this scope.

Depending on the monetary value and legal nature of the dispute, different application avenues such as the consumer arbitration committee or the consumer court may come into question.

Legal Remedies Against Administrative Actions

Administrative actions taken by public authorities against individuals or companies may give rise to various legal consequences.

Administrative fines, licensing procedures, transactions concerning public officials, and administrative decisions taken regarding foreigners may be evaluated within this scope.

Since deadlines are critical in administrative judiciary, the date of service must be examined in addition to the date and authority by which the action was enacted.

Is Filing a Lawsuit Always Necessary?

No. The resolution of every legal dispute does not necessarily involve filing a lawsuit.

Depending on the nature of the dispute;

  • sending a formal notice through a notary public,
  • conducting negotiations between the parties,
  • applying for mediation,
  • initiating enforcement proceedings,
  • applying to the administrative authority,
  • pursuing legal remedies such as appeals or complaints

such as different legal methods can be utilized.

In determining the method to be applied, the nature of the dispute and the legal outcome the individual aims to achieve must be evaluated together.

When Is Mediation Mandatory?

Under Turkish law, applying for mediation before filing a lawsuit is a mandatory condition of litigation for certain disputes.

A significant portion of labor disputes, certain commercial disputes, and various disputes arising from lease relationships may fall within this scope.

However, mandatory mediation does not apply to all civil lawsuits. The requirement for mediation must be determined according to the legal nature of the dispute.

Why is the Date of Service Important?

One of the most frequent issues that require attention in legal disputes is service of process.

With the service of a document sent by a court, enforcement office, or administrative authority, the statutory period for filing a lawsuit, response, objection, or another application may commence.

Therefore, it is important for the person receiving the official document to retain the notification envelope or electronic notification details, if possible.

The date a document is issued and the date it is deemed legally served may not always be the same.

Can the Outcome of a Lawsuit Be Predicted in Advance?

It is not possible to guarantee in advance the outcome of a lawsuit or legal application.

The court renders its decision by evaluating the claims and defenses of the parties, the evidence submitted to the case file, expert reports, and applicable legal rules.

Even in disputes that appear similar, differences in facts or evidence may lead to different legal consequences.

Therefore, the purpose of a legal assessment is not to guarantee a definitive outcome, but rather to present the applicable legal remedies and legal risks based on the existing case file.

How Long Does a Lawsuit Take?

It is not possible to determine with certainty in advance how long a lawsuit will take to conclude.

The duration of the proceedings;

  • depending on the type of lawsuit,
  • the number of parties,
  • the court's workload,
  • hearing of witnesses,
  • to the expert examination,
  • requesting documents from other institutions,
  • appeal or cassation process

may vary depending on.

How Is the Attorney's Fee Determined?

Attorney's fees are determined based on the nature and scope of the legal work to be performed.

One-time legal consultancy, drafting of contracts, administrative applications, enforcement proceedings, or litigation are not legal services of the same scope.

The prevailing Statutory Minimum Attorney Fee Tariff and relevant legislation are taken into account in determining the fees.

It is not possible to state a single fee applicable to all disputes without determining the scope of the specific legal matter.

Does a Person Living in Esenyurt Have to Have an Attorney Located in Esenyurt?

No. It is generally not mandatory for an individual's attorney to have an office in the district where the client resides.

Attorneys may handle legal proceedings in different provinces and districts within the framework of the relevant legislation.

Batın Yılmaz Law Office’s main office is located in Beylikdüzü. Legal disputes connected to Esenyurt may also be evaluated depending on the nature of the file.

Must Legal Consultations Be Conducted Face-to-Face?

How the legal consultation will be conducted depends on the nature of the case.

In some legal matters, it may be possible to transmit documents electronically and conduct a remote consultation. However, certain proceedings may require reviewing original documents, issuing a power of attorney, or holding an in-person meeting.

Particularly for foreign nationals residing outside Turkey, it may be possible to conduct the initial legal consultation remotely and complete the necessary documents at a later stage.

Frequently Asked Questions

Can a person living in Esenyurt work with a lawyer in Beylikdüzü?

Yes. It is generally not required for the lawyer's office to be located in the same district where the client resides. Batın Yılmaz Law Office operates in Beylikdüzü.

Must a lawsuit be filed in order to receive legal counsel?

No. Legal counsel can be obtained before a lawsuit is filed. It is possible to assess the legal nature of the dispute and applicable remedies in advance.

Is it mandatory to have all documents available when attending a meeting with a lawyer?

No. However, presenting existing documents related to the dispute can facilitate the legal evaluation. Missing documents can be identified during the review.

Can one wait upon receiving an official service of process (notification)?

Since there may be legal deadlines tied to the service of process, it is important to check the content of the document and the date of service.

Is mediation mandatory in every dispute?

No. Mandatory mediation applies only to disputes specified by law. An assessment must be made based on the legal nature of the dispute.

Can foreign nationals receive legal counsel?

Yes. Foreigners who have legal proceedings in Turkey or connected to Turkey may also receive legal counsel. Special legislative provisions may apply depending on the status of the foreign national.

Can corporations receive legal counsel?

Yes. Evaluations can be made regarding company formation, partnership relations, contracts, commercial receivables, and other legal matters arising from corporate operations.

Can a guarantee be given regarding the outcome of a lawsuit?

No. It is not possible to guarantee the outcome of a lawsuit or legal proceeding. The result depends on the specifics of the file and the evaluation of the competent authority.

Is it mandatory to send a formal notice (ihtarname) to the opposing party before filing a lawsuit?

This varies depending on the type of dispute. While a notice or notification is important in certain legal proceedings, such an obligation may not exist in other disputes.

Are legal counsel and litigation representation the same service?

No. While legal counsel refers to the evaluation of a specific legal issue, litigation or enforcement proceedings involve the separate execution of judicial or executive processes.

About Attorney Batın Yılmaz

Attorney Batın YILMAZ, practicing as an attorney registered with the Istanbul Bar Association.

Bar Association: Istanbul Bar Association
Bar Registration No: 77008

The main office of Batın Yılmaz Law Firm is located in the Beylikdüzü district of Istanbul.

Within the scope of legal activities, disputes related to immigration law, citizenship law, family law, lease and real estate law, corporate law, enforcement and bankruptcy law, compensation law, criminal law, and administrative law are evaluated based on the specific nature of each case.

The specification of practice areas does not imply any special expertise title recognized by law in any legal field, nor does it constitute a guarantee regarding the outcome of a lawsuit.

Contact Information

Attorney Batın YILMAZ
Istanbul Bar Association – Bar Registry No: 77008

Address: Yakuplu, Hürriyet Blv. Skyport Residence No: 1/133, 34519 Beylikdüzü/İstanbul

Professional and Legal Information

The explanations on this page have been prepared for general legal informational purposes. The content does not contain any guarantee regarding the outcome of any dispute, promise of success, or claim of comparative superiority over other attorneys.

Each legal dispute must be evaluated separately within the scope of its own facts, parties, available evidence, and applicable legislation. The general information on this page does not constitute legal advice provided regarding a specific person or dispute.

While preparing the content, the legislation regarding the legal profession and the regulations of the Union of Turkish Bar Associations concerning the prohibition of professional promotion and advertising were observed.

Atty. Batın Yılmaz

Author

Atty. Batın Yılmaz

Founding attorney of Batın Yılmaz Law Firm. He provides litigation and legal consultancy services in criminal law, corporate law, administrative law, real estate law, enforcement and bankruptcy law, and compensation law, as well as immigration and citizenship law.

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