Most Turkish citizens living in Germany maintain their relations in Turkey. Citizens living abroad, who do not break their ties with Turkey in both legal and private matters, regularly visit their country. However, due to living abroad, they may face many problems related to the follow-up of legal proceedings in Turkey.
At the beginning of the legal issues that citizens living in Germany have the most difficulty with are the follow-up of all kinds of receivables in Turkey, enforcement proceedings and the questioning and determination of the assets of the debtor. Receivables and enforcement proceedings of citizens living abroad are among the biggest legal problems originating from abroad.
All Kinds of Receivables and Enforcement Follow-up in Turkey
Citizens living abroad cannot follow up the legal and official transactions because they are not in Turkey. E.g; A citizen in Germany, who has a receivable in Turkey, cannot follow up the receivable, perform enforcement proceedings, and inquire and determine the assets of the debtor. Since they are abroad, they cannot carry out the procedures that should be carried out in official offices.
There are situations where Turkish citizens living in Germany cannot collect their receivables and cannot initiate enforcement proceedings. The fact that the creditor lives abroad and is not in Turkey are among the important factors affecting the situation. For the collection of receivables, it is critical to determine the assets of the debtor and its determination. Since the creditor cannot follow the legal proceedings, he cannot collect his debt and suffers from grievances.
Expatriate citizens must inquire about the debtor’s assets and address before the execution proceedings and litigation regarding their receivables in Turkey. In order to follow the receivables in Turkey, it is necessary to query and determine the assets of the debtor. After questioning and determining the assets of the debtor, the creditor decides what legal way to follow. In necessary cases, it can collect its receivables by initiating enforcement proceedings against the debtor.
Enforcement Follow-up in Turkey
In the Turkish legal system, there are enforcement proceedings with and without a verdict for the collection of the creditor. Enforcement proceeding with a judgment is a method of legal proceedings, which is carried out when the creditor first applies to the court and requests the execution of this judgment by applying to the enforcement office after a judgment in his favor, that is, a decision is rendered.
Enforcement proceeding without judgment is the execution proceeding which is carried out as a result of the creditor’s application to the enforcement office. In execution proceedings without judgment, there is no need to make a court decision, document or proof of the claim. In execution proceedings without judgment, only receivables consisting of money and collateral are in question. On the other hand, in the execution with a judgment, there is not only money or security, but also the delivery and eviction of immovable. In order to apply for enforcement proceedings, there must be a court decision.
Citizens living abroad should receive consultancy services in the determination of assets and address inquiries regarding the debtor in Turkey. It is very important to inquire about the debtor’s assets and address before the execution proceedings and litigation regarding his receivables in Turkey. UDA Legal provides the best and most reliable consultancy services by working in cooperation with expert lawyers and organizations.
In Turkey, it investigates all kinds of receivables, execution proceedings, inquiry and determination of assets belonging to the debtor in such a way that the person being questioned is not aware of it. UDA Legal provides services on the decision to file a lawsuit or the follow-up of its outcome.
