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There are two core foundations to start debt collection proceedings in Turkey: The first one is enforcement proceedings without a court judgment. The second is enforcement proceedings with a court judgment.
Debt Execution happens in this procedure when the creditor applies for a debt collection request, which is called a payment order. Here is what you can do if you’d like to reject the debt collection as a debtor?
Let’s say that you are the creditor. So, you can file an action for the revocation of the objection. Or you can submit an action for the abolition of the objection.
In this proceeding, there must be a judge’s decision to collect the debt. This case differs in terms of the name of the order. The payment order is named as a debt collection order since it is enforceable. The judge issues the order, which is submitted by the creditor. Also, the submission must include the full name and the address of both the debtor’s creditor; and the debt value, including the interest rates.
When the creditor demands to collect the proceeds of the debt via executive proceeding instead of filing an action for debt, the creditor could finalize the procedure (Unless the debtor object against the order of payment). In this case, the collector could collect their debt through a confiscation operation on the debtor. If you are the debtor in this scenario, you can fill and submit a Withdrawal of Appeal Suit or Nullity Suit for Exception to reject the confiscation operation. From this perspective, Precautionary Distraint is significant.
Precautionary Distraint is the confiscation of a debtor’s assets by a preliminary seizure, decision of the order, at the stage where the creditor cannot currently request “final injunction” and before filing a lawsuit or initiating an enforcement proceeding.