Hizmetlerimiz / Enforcement & Insolvency

Enforcement & Insolvency

Overview

Debt collection, enforcement proceedings and insolvency/composition management.

Overview

Enforcement and insolvency law is a technical, time-sensitive field that ensures the collection of receivables within the legal order. At Özel & Demir Law and Consultancy, on both the creditor and debtor side, we provide fast and strategic legal support at every stage, from initiating proceedings to carrying out attachment and sale.

Depending on the nature of the receivable and the documents at hand, we determine the most suitable route of enforcement and prevent loss of rights by observing limitation and procedural rules.

Our Services

  • Initiating and conducting enforcement proceedings with and without judgment
  • Enforcement by attachment specific to negotiable instruments (cheque, bill, promissory note)
  • Attachment, custody and sale (liquidation) operations
  • Assessment of objections to the payment order and the proceedings
  • Actions for annulment and removal of the objection
  • Negative declaratory and recovery (istirdat) actions
  • Setting aside of auctions and objection to the ranking schedule
  • Bankruptcy and bankruptcy postponement processes
  • Management of composition (concordat) processes
  • Enforcement through the liquidation of a pledge

Our Process and Approach

We first examine the legal basis of the receivable and the state of the evidence and choose the most effective route of enforcement. We diligently investigate the debtor’s assets and, in the event of an objection, accelerate the process by assessing annulment or removal of the objection. On the debtor side, we offer defence against unjustified proceedings and restructuring options.

Why Özel & Demir?

Our team, experienced in enforcement and insolvency, works with a results-focused mindset for the swift and secure collection of receivables. In complex, multi-party files we build a strategic roadmap.

Frequently Asked Questions

What is the difference between enforcement with and without judgment?

Enforcement with judgment is based on a court decision or a document deemed equivalent to a judgment; enforcement without judgment can be initiated without such a document. The procedure and the consequences of objection differ.

What happens if the payment order is objected to?

In enforcement without judgment, a timely objection stays the proceedings. The creditor may continue by seeking annulment or removal of the objection.

Can any asset be attached?

No. The law deems certain assets and rights partly or wholly non-attachable; for example, a portion of wages cannot be attached. Consult a lawyer for your specific situation.

What is composition (concordat)?

Composition is a mechanism allowing a debtor who cannot pay, or is at risk of being unable to pay, to agree on a payment plan with creditors under court supervision.