In Turkey, a creditor can start an enforcement process based on a monetary claim without needing a court judgment first. This is allowed under the Turkish law on enforcement and bankruptcy. The creditor submits their request to the right office, and the debtor is given a payment order. According to Article 62 of the law, the debtor has seven days to object, which pauses the process. The creditor then needs to either remove the objection or get a court decision on their claim. This method saves time but does not automatically make a weak claim strong. Documents like contracts, purchase orders, delivery notes, and acceptance emails have strong evidence value. Invoices and partial payments are also important if the debtor challenges the claim.
In France, a court judgment follows a different path. If a creditor has a French judgment and wants to enforce it in Turkey, they must first get a decision called exequatur from a Turkish court. This is required by Article 50 of Law No. 5718. The creditor needs to prove the judgment is final and meet Turkish legal conditions. Once the exequatur is granted, the creditor can use Turkish enforcement methods against the debtor's assets. Choosing between a Turkish action based on a contract and the exequatur process depends on the claim's nature, its content, and the creditor's goals. The creditor should avoid repeating procedures without a clear strategy.
When a debtor objects to a payment order, the balance of power shifts. The creditor must then provide evidence to support their claim. The type of documents determines the available procedure and the level of discussion with the judge or enforcement authority. Cross-border cases often face challenges with proof. For example, a contract may be in French, deliveries could have happened in Turkey, invoices might use a different business name, and emails might come from intermediaries whose authority is unclear. A thorough review of documents before starting the process can help avoid these issues later. Taking steps to protect the claim can also help in recovery.
Under Article 257 of the Turkish law on enforcement and bankruptcy, a creditor can request a precautionary seizure for certain unsecured monetary claims. This requires showing that the legal conditions are met and may involve providing a guarantee. A precautionary measure is useful if the debtor still has identifiable assets. It becomes less effective if the company has stopped operating, moved its assets, or already had other seizures. Recovery efforts should include checking the debtor's financial situation. The case file should be prepared like an enforcement operation: identify the exact debtor entity and its representatives, determine the type of claim, check the court or office's jurisdiction and notification rules, collect evidence of delivery and performance, and search for assets before incurring significant costs. A precautionary measure is worth considering when legal conditions and the risk of asset loss justify it. Cross-border recovery does not start with a standard demand letter. It starts with the claim, the evidence, and the assets. These three elements determine the most useful Turkish procedure.
Turkish Enforcement Law Allows for Direct Claims Without Prior Judgment
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