DEBT COLLECTING IN TURKEY
In Turkey, debt collection is typically handled by the Bailiff’s offices, which are known as “icra müdürlüğü” in Turkish. The Bailiff’s offices are responsible for enforcing court orders related to the collection of debts and other financial obligations.
If a debtor fails to pay a debt, the creditor can apply to the Bailiff’s office for enforcement. The Bailiff’s office will then initiate legal proceedings to collect the debt, which may involve garnishing wages or seizing assets to satisfy the debt.
ORDER OF PAYMENT
To start the debt collection process in Turkey, a creditor must file a petition with the Bailiff’s office, and if the Bailiff’s office decides in favor of the creditor, a payment order will be issued. The payment order will then be sent to the debtor, which will start the debt collection process.The first step in the debt collection process is for the bailiff to issue a payment notice to the debtor, informing them of the outstanding debt and requesting payment. If the debtor fails to pay the debt within the specified period, the bailiff can take further action to recover the debt.
In Turkey, an “order of payment” (ödeme emri in Turkish) is a legal document issued by a court or an enforcement office (i.e. a bailiff) that orders a debtor to pay a certain amount of money to a creditor.
An order of payment is typically issued after a creditor has filed a lawsuit against a debtor and has obtained a court judgment in their favor or or start a debt collecting process in bailiff office. The court judgment will specify the amount of money that the debtor owes to the creditor, and the order of payment will be issued to enforce the judgment.
An order of payment is typically issued in cases where there is an undisputed debt, such as unpaid taxes, fines, or bills, and the creditor has filed a petition with the court to collect the debt. The court will then review the petition and, if it deems the claim to be valid, issue an order of payment to the debtor. However in Turkish legal system creditors could demand from the Bailiff’s Offices to issue an order of payment for a disputed debt also. In thıs case the creditor stand an objection against order of payment within a specified time period.
OBJECTION AGAINST ORDER OF PAYMENT
The order of payment will include details such as the names and addresses of the creditor and debtor, the amount of money owed, the payment deadline, and the consequences of failing to pay on time. The debtor will receive the order of payment and must either pay the debt in full by the specified deadline or file an objection with the court.
SEIZURE OF THE ASSETS
The bailiff may seize the debtor’s assets, including bank accounts, vehicles, and property, to recover the outstanding debt. They can also enforce wage garnishment to collect debt from the debtor’s salary. In addition, the bailiff may auction off the debtor’s assets to raise funds to pay off the debt.
It is important to note that the debt collection process in Turkey is governed by strict laws and regulations, and the bailiff must follow these regulations when carrying out debt collection activities. If the debtor believes that the bailiff has violated their rights, they can file a complaint with the court.
Overall, debt collection in the Bailiff’s offices in Turkey is a legal process that is designed to protect the rights of both creditors and debtors. If you have any further questions or concerns about debt collection in Turkey, it is recommended that you seek the advice of a qualified legal professional.
It is important to note that an order of payment is a legal document, and failure to comply with its terms can result in legal consequences, such as fines or forced to be paid. If you have received an order of payment in Turkey, it is recommended that you seek the advice of a qualified legal professional to understand your rights and obligations under the law.