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Av. Çağatay KISALaw & Consultancy

Debt Collection Lawyer

Enforcement and Bankruptcy Law

You can initiate enforcement proceedings to collect your receivables; against unjustified proceedings brought against you, you can object within 7 days. Choosing the correct type of proceeding and never missing a deadline are what determine the success of collection.

Enforcement and bankruptcy law balances the interests of creditor and debtor and is one of the most deadline-sensitive fields of law. Missing the seven-day objection period can leave you obliged to pay an amount you do not actually owe.

Our office builds fast and effective collection strategies when acting for creditors; when acting for debtors, we protect our clients' rights through objections to proceedings, negative declaratory actions, and restitution claims. Proceedings specific to negotiable instruments, rent receivables and eviction, foreclosure of mortgages, and composition with creditors (konkordato) are among our principal areas of work.

Services We Provide in This Area

  • Enforcement proceedings with and without a court judgment
  • Proceedings specific to negotiable instruments (checks, promissory notes, bills of exchange)
  • Conducting attachment, safekeeping, and forced-sale procedures
  • Objections to enforcement proceedings and actions to annul or set aside objections
  • Negative declaratory and restitution actions
  • Collection of rent receivables and eviction proceedings
  • Enforcement through foreclosure of mortgages and pledges
  • Bankruptcy, postponement of bankruptcy, and composition (konkordato) advisory

Frequently Asked Questions

Enforcement and Bankruptcy Law: Frequently Asked Questions

For an assessment of your specific case, please book an appointment.

In enforcement proceedings without a judgment, an objection must be filed with the enforcement office within 7 days of service of the payment order. In proceedings specific to negotiable instruments, an objection to the debt must be filed with the enforcement court within 5 days. If the deadline is missed, the proceedings become final.

No. At most one quarter of a salary can be garnished; for alimony claims this ratio can be higher. Retirement pensions (paid by the Social Security Institution, SGK) cannot, as a rule, be garnished without the debtor's consent.

For transfers made with the intent of shielding assets from creditors, an action for the annulment of dispositions (fraudulent conveyance) can be brought. It is also possible to obtain a precautionary attachment order before the proceedings become final, securing the debtor's assets in advance.

Yes, through the UYAP Citizen portal you can view the enforcement files opened against you, the outstanding debt, and attachment details. However, you are advised to seek a lawyer's assistance to correctly interpret the deadlines and legal steps in the file.

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