Dispute Resolution · Service

See your receivable not on paper, but in your coffers.

From enforcement with and without a court judgment to attachment, and from annulment of objection to bankruptcy and composition (concordat), we resolutely conduct all enforcement proceedings under the İİK (Turkish Enforcement and Bankruptcy Law). Our aim is the actual collection of your receivable in the shortest possible time.

Overview

A receivable is only a receivable once it is collected

Enforcement proceedings are the process of collecting a receivable through the power of the state. Every stage — from enforcement with or without a judgment to attachment, and from sale to collection — is strictly bound by the procedure prescribed by Law No. 2004 (the Turkish Enforcement and Bankruptcy Law). The right step taken at the right time directly affects the speed of collection.

We do not regard enforcement as merely opening a file. We investigate the debtor's assets, choose the most effective enforcement route, and pursue the attachment and sale processes with determination, aiming for the receivable to be collected in fact rather than merely on paper.

Enforcement file
01

When Does This Apply?

The types of receivables our enforcement service typically covers.

Commercial Receivables

Judgment-based or non-judgment-based enforcement of unpaid commercial receivables arising from invoices, current accounts, and contracts.

Cheques, Notes & Negotiable Instruments

The fast-track enforcement routes specific to negotiable instruments for receivables based on cheques, promissory notes, and bills of exchange.

Rent & Security

Unpaid rent receivables, enforcement proceedings with an eviction request, and the collection of receivables secured by collateral.

02

How Does the Process Work?

The three-stage approach we follow when collecting a receivable.

01 · Initiating Enforcement

We determine the most suitable enforcement route according to the nature of the receivable, prepare the enforcement request, and serve the payment or enforcement order.

02 · Attachment & Collection

We investigate the debtor's assets, place attachments on bank accounts, movable and immovable property, and, where necessary, carry out collection through sale.

03 · Conclusion

We overcome obstacles such as the annulment or removal of an objection, transfer the collected amount to the client, and conclude the file.

Why Köksal?

Opening a case is easy; collecting takes skill

The value of an enforcement file is measured by the amount ultimately collected. Through effective investigation of the debtor's assets, selection of the right enforcement route, and determined management of the attachment process, we make the actual collection of the receivable our priority.

  • Effective file management in judgment-based and non-judgment-based enforcement routes
  • Debtor asset investigation and strategic attachment
  • Strong representation in actions for the annulment and removal of objections
  • Protection of creditor rights in bankruptcy and composition proceedings
  • Multilingual case management for receivables involving foreign parties
03

Other Services in Dispute Resolution

When needed, the same team can seamlessly extend its work to our other solutions in this area.

All Dispute Resolution services
04

Related Areas & Legislation

The focus areas, practice areas, desks and legislation connected with this service.

06

The Team Delivering This Service

With our multilingual team of lawyers, well-versed in Turkish and German law, we are by your side.

07

Related Publications

Fresh perspectives and guides from the Knowledge Centre.

The document in your hand decides both the type of proceedings and how fast they move. An invoice, a current-account statement or a contract supports proceedings without a judgment. A negotiable instrument — a cheque, a bond or a bill of exchange — opens the faster route under Article 167 of the Enforcement and Bankruptcy Law (No. 2004). A court judgment, or a document treated as one, supports judgment-based proceed…

Yes. You do not need to know the debtor’s current address or what they own before you start. Once proceedings are opened the address is established through MERNİS and the records of the relevant institutions, and under the Enforcement and Bankruptcy Law (No. 2004) bank accounts, vehicles, immovable property, shareholdings and receivables owed by third parties are searched through the UYAP query systems.The asset sea…

An e-attachment is the mechanism that places a garnishment on a debtor’s bank accounts electronically, quickly and simultaneously, once the enforcement proceedings have become final. It rests on the provisions of the Enforcement and Bankruptcy Law (No. 2004) governing the attachment of rights and receivables held by third parties (Article 89), and runs through the integration between UYAP and the banks.What it gives…

In bankruptcy and composition (konkordato) proceedings, creditors' rights are subject to special procedures. We file your claim within the applicable period and, mindful of your ranking among the creditors, take steps to protect your rights.

In non-judgment-based enforcement, an objection lodged by the debtor within the applicable period halts the proceedings. In that case, we seek to keep the proceedings going by pursuing annulment or removal of the objection.

Even if the debtor has no known assets, tools such as inquiries into bank accounts, vehicles and real estate, the attachment of receivables held by third parties and, where necessary, an action to set aside dispositions made to conceal assets are brought into play. An effective asset investigation is the key to collection.

Negotiable instruments such as cheques, promissory notes, and bills of exchange allow access to the special, faster enforcement routes provided for in the law. We assess the most advantageous route based on the document you hold.

Judgment-based enforcement rests on a court decision or a document that qualifies as a judgment. Non-judgment-based enforcement, by contrast, can be initiated without such a document; however, the debtor's objection can halt the proceedings. We determine the most suitable route according to the nature of your receivable.

Service

Get the right legal support for Debt Enforcement.

Let us determine the solution best suited to your needs, drawing on our experience in Türkiye and the DACH region.