The person who wants to initiate enforcement proceedings can initiate enforcement proceedings by applying to the Enforcement Directorate with the file containing the amount of the debt. In enforcement proceedings with a judgment, the creditor must have a court decision. In this respect, the execution with a verdict differs from the execution without a verdict. There is no problem of authorization in the follow-up with a warrant. As stated in the law, enforcement proceedings with a verdict are those that can be opened anywhere in Turkey, that is, all Enforcement Directorates are authorized. For this reason, the debtor will not appeal due to lack of authority. It is possible to initiate proceedings in any enforcement office. The statute of limitations is 10 years in order to be able to file a follow-up request in a sentenced execution.
Enforcement proceedings without a verdict can only be opened in authorized enforcement offices. As a rule, the competent authority in this enforcement proceeding is the enforcement office located at the place of residence of the debtor. However, if money or security is to be received from the contract, the enforcement office at the place of performance of the contract is the authorized authority. If the parties have agreed on the authorized enforcement office in advance, it will be mandatory to comply with this situation.
According to the nature of the execution proceeding, documents should be prepared and, if necessary, a court decision should be taken. Subsequently, the fee to be paid is paid by the creditor and it becomes possible to initiate enforcement proceedings by going to the relevant Enforcement Directorate. It is possible to carry out these processes by the creditor himself or by the representation of a lawyer. In addition, it is highly recommended that the authorized enforcement office be determined together with a specialist lawyer in order to avoid loss of rights.
