Istanbul Beylikdüzü Enforcement Lawyer | Enforcement Proceedings, Seizure, and Debt Collection Processes (2026)

What Are the Types of Execution Proceedings?

In Turkish law, different enforcement proceeding methods are regulated for the purpose of collecting receivables. Which proceeding method will be chosen varies depending on the basis of the receivable, the documents on hand, and the specifics of the concrete case. Since selecting the wrong proceeding method may cause the process to be prolonged or procedural issues to arise, determining the correct proceeding type is of importance. In this regard, the types of enforcement proceedings are detailed below.

 

Execution Proceedings Without Judgment

Execution proceedings without a judgment is the proceeding method resorted to for the collection of monetary and collateral receivables without a court decision. Upon the enforcement request made to the enforcement office by the creditor, a payment order is sent to the debtor. If the debtor does not object within the 7-day period as of the notification, the proceedings become final and the attachment phase can be proceeded to. If the payment order is not served to the debtor, a new notification is sent pursuant to Article 21/2 of the Notification Law, and the notification process is completed through delivery to the neighborhood headman (muhtar) even if the debtor cannot be found at the address.

 

Execution Proceedings Based on a Judgment

Execution proceedings based on a judgment are applied in the collection of receivables based on a court decision, arbitral award, or a document in the nature of a judgment. In this type of proceeding, since the receivable has already been finalized by a judicial decision, the process is subject to different procedural rules compared to proceedings without a judgment. The most fundamental difference of this proceeding type from other proceeding types is that objections can be made through very limited ways. Unless a stay of execution (tehir-i icra) decision is obtained, objecting to execution proceedings based on a judgment is not possible.

 

Proceedings via Attachment Specific to Negotiable Instruments

A special proceeding procedure is regulated by law regarding receivables arising from negotiable instruments such as checks, promissory notes, and bills of exchange. This proceeding method can provide certain legal advantages to the creditor, taking into account the importance of negotiable instruments in commercial life. Particularly in disputes arising from checks and promissory notes, proceedings via attachment specific to negotiable instruments are frequently preferred in practice.

 

Proceedings through Foreclosure of Pledge

In cases where a claim is secured by a pledge, enforcement proceedings through the conversion of the pledge into cash may be initiated upon the existence of certain conditions. This type of proceeding applies to claims secured by a pledge of movable or immovable property.

Not every enforcement proceeding is subject to the same procedure. Therefore, accurately assessing the legal nature of the claim and determining the appropriate enforcement path is important for conducting the process effectively.

 

What is an Enforcement Lawyer?

An enforcement lawyer provides legal support in legal disputes arising from debtor-creditor relations, in order to enable the party claiming to be a creditor to recover their claim swiftly and promptly,  Enforcement and Bankruptcy Law in accordance with the provisions before enforcement offices and enforcement courts. Due to the generally high workload of the Beylikdüzü enforcement offices and enforcement courts, it may take time for the creditor to collect the claim. For this reason, we believe that legal institutions such as physical seizure proceedings and precautionary attachments, which shorten the time that may elapse while recovering the claim, are of utmost importance as an enforcement lawyer.

 

What Does a Beylikdüzü Enforcement Lawyer Do?

A Beylikdüzü enforcement lawyer carries out work to conduct legal proceedings for claims deemed risky and to eliminate commercial adversities deemed to be the cause of the risk following the collection of the claim. It is necessary to make receivable collection plans, achieve solutions at a lower cost towards the collection of the claim, and effectively and efficiently utilize enforcement institutions that provide the opportunity to access the existing claim, such as settlement and promissory commitments. Effective communication with the debtor company or individuals before and after the enforcement proceedings is the most important step to be applied in the collection of the debt. Within the principles of enforcement law, negotiations aimed at collecting the claim must be conducted with the debtor or their counsel.

 

How Long Does Execution Proceedings Take?

How long enforcement proceedings will take varies depending on the characteristics of the file, the attitude of the debtor, and the legal procedures that arise during the proceedings. Therefore, it is not possible to give a single timeframe applicable to all files.

If the debtor fails to object to the payment order within the statutory period, the proceedings may become final in a shorter time and the seizure phase may be initiated. Conversely, situations such as the debtor's objection, the filing of a negative declaratory action, the assertion of a third-party claim to ownership (istihkak), or the prolongation of sales procedures may cause the process to take longer.

Particularly in commercial claims, conducting proper legal planning prior to the proceedings and preparing documents completely can prevent the process from being unnecessarily prolonged. If the file is prepared completely and the enforcement proceedings are not objected to by the debtor, it is possible and probable to collect funds from the file within a period such as 1 month.

In enforcement files, not only the preparation of the request for proceedings; but also notification procedures, seizure applications, electronic seizure (e-seizure), sale procedures, and the collection phase are also effective in determining the duration.

Each case must be evaluated within the scope of its own characteristics, and the enforcement process should be planned accordingly.

 

 

What Legal Remedies Can Be Followed If the Debtor Conceals Assets?

After execution proceedings commence, some debtors may attempt to transfer their assets to third parties or engage in various legal transactions in order to hinder creditors' ability to collect their claims. However, Turkish law provides various legal mechanisms aimed at protecting the rights of creditors.

Not every asset transfer made by the debtor is considered unlawful. However, there are special statutory regulations regarding certain transactions carried out to the detriment of creditors. Depending on the specific circumstances of the case, an annulment action (tasarrufun iptali davası), preliminary attachment (ihtiyati haciz), preliminary injunction (ihtiyati tedbir), or other legal remedies may be pursued.

Transactions such as real estate transfers, vehicle sales, transfers of company shares, or asset transfers to close relatives may be subject to legal evaluation depending on the circumstances of the case. If it is determined that the debtor is concealing assets, an action for the annulment of fraudulent transfers with a request for an injunction must be filed immediately regarding the concealed asset.

Procedures such as investigating the debtor's assets, examining UYAP records, and evaluating title deed and vehicle registrations are also critical for the collection of the claim.

Since not every asset transfer can be considered made in bad faith, the appropriate legal remedy must be determined based on the specific circumstances of the case.

 

What is Enforcement Consultancy?

Enforcement consultancy is divided into two categories: debtor consultancy and creditor consultancy. In creditor consultancy, regular tracking and planning are performed by an enforcement lawyer in order to pursue claims deemed risky. The key objective in enforcement consultancy is to achieve rapid and cost-effective collection of the claim. The document constituting the basis of the claim must be examined, and after checking whether it complies with formal legal requirements, the research concerning the debtor individual or company must be conducted meticulously. The active asset values belonging to the debtor individual or company must be tracked. Before or during the enforcement proceedings, the debtor may collusively transfer their assets to third parties. For this reason, the passive asset values registered in the name of the debtor must also be queried through the enforcement offices.

Debtor consultancy, on the other hand, gains significance in situations where the debtor's existing assets do not cover their liabilities. In cases where the debtor's assets are insufficient to cover their current debts, the enforcement lawyer must conduct necessary negotiations with the creditor or their attorney, and alternative dispute resolution methods such as debt commitment agreements (taahhütname) and settlements should be utilized in a manner that serves the best interests of the debtor.

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Beylikdüzü Enforcement Lawyer

As stated above, considering the heavy caseload of courts today, the prolonged duration of lawsuits, and other factors that affect the proceedings and extend the time required to recover claims, it is observed that debtor individuals or companies are slow to pay their undisputed debts. This situation sometimes manifests itself through the exercise of legal rights and other times directly as the non-payment of the debt.

With the continuous rise of inflation, collecting a claim quickly is just as important as collecting it. Since the statutory interest rate is 24% per annum and current inflation exceeds this figure, individuals or companies that receive their receivables late suffer financial losses. Within the scope of enforcement consultancy, risk analyses must be conducted, and legal rights arising from enforcement law must be utilized effectively.

 

Enforcement Proceedings in the Collection of Corporate Receivables

One of the most common legal problems encountered by companies in commercial life is uncollected receivables. Invoices not paid at maturity, promissory notes and cheque receivables, debts arising from commercial contracts, or service fees can directly affect companies' cash flow.

The path to be followed in the collection of corporate receivables varies depending on the basis of the claim. While enforcement proceedings without a judgment are sufficient in some cases, proceedings through attachment specific to bills of exchange may be more appropriate for receivables arising from negotiable instruments such as cheques and promissory notes.

Determining the enforcement strategy correctly is particularly important in high-value commercial receivables. Investigating the debtor's assets, evaluating preliminary attachment options when necessary, and efficiently conducting the enforcement process can increase the likelihood of collecting the claim.

For companies, it is important not only to initiate enforcement proceedings, but also to regularly monitor the process, execute attachment procedures in a timely manner, and effectively manage the liquidation stage. Delays in the collection of commercial receivables can negatively affect businesses' financial planning and commercial activities.

Therefore, especially for commercial enterprises, managing the process in a legally planned manner from the moment the receivable arises until its collection plays a vital role in preventing loss of rights.

 

Beylikdüzü Enforcement Lawyer Fees

The collection fee and other expenses to be charged in enforcement proceedings initiated with a claim for receivables are updated annually. The fees and expenses paid in order to initiate enforcement proceedings and collect the attached funds are as follows;

 Fees such as application fee, advance fee, collection fee, penitentiary (prison) fee, sale fee, attachment, delivery, and sale fees must be paid.

The list of fees to be paid by the enforcement lawyer is as follows;

Execution Application Fee : 732.00 TRY (as of 2026)

Advance Execution Fee :  0.5% of the receivable amount (pursuant to Article 29 of the Harçlar Kanunu)

Prison Fee : 2% of the collected amount. (Paid by the creditor)

Collection Fee : 1) 4.55% (prior to attachment)

                                                2) 9.10% (after attachment, prior to sale)

                                                3) 11.38% (after sale)

Attachment, Delivery and Sale

Fee : 1,718.80 TRY ( for each execution and bankruptcy proceeding carried out outside the office by an officer )

 

Jurisdiction of Beylikdüzü Enforcement Offices

In an enforcement file within the borders of Beylikdüzü in terms of jurisdiction, Büyükçekmece Enforcement Offices have jurisdiction since there is no enforcement office in our Beylikdüzü district. Real or legal persons who wish to collect their receivables in Beylikdüzü may apply to different enforcement paths, such as execution proceedings without a judgment, execution proceedings based on a judgment, or execution proceedings specific to bills of exchange, depending on the nature of the receivable. Which enforcement path will be preferred varies according to the basis of the receivable, the legal relationship between the parties, and the available documents. Therefore, conducting a legal evaluation of the specific case before initiating execution proceedings is of great importance.

Execution proceedings commence with an application to the competent enforcement office. For individuals residing or operating in Beylikdüzü, determining the competent enforcement office may vary according to legal criteria such as the debtor's place of settlement, the place of performance of the contract, or the nature of the receivable. In practice, many disputes arising from Beylikdüzü are conducted by Büyükçekmece Enforcement Offices in accordance with jurisdiction rules. However, since the competent enforcement office may differ in each file, a legal evaluation must be made prior to the application.

Following the preparation of the request for execution, a payment order is sent to the debtor. If the debtor fails to object to the debt or the signature within the period stipulated by law, the proceedings may become final and the attachment phase may be initiated. In the event that the debtor objects within the statutory period, it may be necessary to apply for the removal of the objection, cancellation of the objection, or other legal remedies depending on the nature of the receivable.

As for receivables arising from bills of exchange such as checks, promissory notes, and bills of exchange (policies), unlike the general attachment procedure, execution proceedings specific to bills of exchange may be applied. This enforcement procedure may provide the creditor with different legal remedies provided that the conditions stipulated in the law are met. Particularly in endorsed checks, determining who bears the liability and which persons can be appealed to is important for the proper planning of the proceedings process.

Execution proceedings do not merely consist of sending a payment order. Many stages, such as the finalization of proceedings, attachment procedures, electronic attachment applications, the sale process, the table of priority (row/rank order), and collection procedures, require legal knowledge and diligence. Procedural errors made at any stage of the process may delay the collection of the receivable or cause additional legal disputes.

For commercial enterprises, execution proceedings are important not only for the collection of existing receivables but also in terms of the sustainability of commercial activities. Therefore, especially in high-amount commercial receivables, it is important to determine the enforcement strategy according to the specifics of the file and to fulfill the necessary legal procedures in a timely manner.

Those who wish to obtain more detailed information about disputes arising from checks and the legal rights held by the creditor in endorsed checks, <a href="/en/”https://batinyilmaz.av.tr/cirolanan-cek-odenmezse-ne-olur/”/">What Happens If an Endorsed Check Is Not Paid?</a> may also review the comprehensive guide titled.

 

How to Initiate Enforcement Proceedings from Beylikdüzü?

Some of the fees and payments listed above are paid to the execution office before initiating enforcement proceedings, while the remaining portion is paid after collection from the debtor. 

Beylikdüzü Enforcement Lawyer

Atty. Batın YILMAZ