Didim Today

The collection process is already very complicated, even for lawyers, and a Turkish citizen who is not a lawyer would have no idea about the process. If you are involved in a collections process and you don’t have a good lawyer who really takes care of his clients, then you are in trouble. Even if you have good lawyer, it is always a good idea to keep up with his actions at all times.

You should have at least some basic information in order to discuss the case with your lawyer. The reason I am writing today’s article about the collection process is to give expats an idea about living in Turkey. I know how difficult it is to find information about these matters. Having said that, due to the complexity of this field of science (law is indeed a science), I should always underline that the information given here is only to give you an idea so you can ask professionals handling your case the appropriate questions.

If you receive a payment order, even for a small amount, and you fail to contest the claim and/or submit your defense against the payment order in writing within the given time limit, then you must either jump through many hoops to cancel the payment order, with a high financial burden of depositing a guarantee, or simply pay the amount claimed and try to get it back from the debtor. If the amount in dispute is small enough to forget about, then you may choose to get rid of it by paying the creditor.

Deadlines for objection to a general payment order: The deadlines are different for different types of payment orders. For general payment orders, you have a deadline of seven days (be aware that there are different deadlines for different types of payment orders. Seven days is for the general ones) from the delivery of the payment order.

Not responding to the payment order is considered tacit acceptance. In other words, if you receive a general payment order and do not appeal or protest it within seven days, the execution office will accept the other party’s claim without further question and you will be treated as being in debt. The other party will be referred to as the “creditor” and you will be the “debtor” until the end of the process.

How and where should I appeal or protest? You should apply to the legal body (official collection office) stated in the payment order. Please take the original copy or at least a copy of the payment order with you. What happens if I miss the deadline? After missing the deadline, the outstanding amount becomes due and collectible via the official collection department. What happens if I was abroad when the payment order was delivered?

Are there any extensions? The law provides an extension for the debtor to make an objection in some cases, such as having a serious health problem at the time of the payment order delivery or being abroad. However, this is an exception, and it is subject to various restrictions. What happens after the appeal? The collection process will be put on hold but still be pending.

There is a one-year pause period, during which the creditor is able to file a lawsuit to cancel your objection; if the creditor does not move forward, the process will end after the one-year period. If the creditor starts a lawsuit against you and wins, then the collection process will proceed. Here is an important point. If you lose the case, you still have a chance to freeze the process but are required to deposit guarantees.

The collection office gives you a provisional grace period of 90 days, maximum -- there are exceptions, but try to solve this matter within 90 days in which your lawyer has to submit a “90-day extension period document” to the Supreme Court of Appeals and receive a “suspension of the collection process until the end of the appeal stage.

” If your lawyer fails to do so, then the collection process will again go into force and the creditor will liquidate your assets or financial guarantees. Please do not forget to keep up with your lawyer in order to get this document from the Supreme Court of Appeals in a timely manner.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it