The person who wants to initiate enforcement proceedings may initiate enforcement proceedings by applying to the Enforcement Directorate with a file containing the amount of the receivable. For the enforcement proceedings, the creditor must have a court decision in his hands. From this point of view, enforcement with a verdict is separated from enforcement without a verdict. There is no problem of authority in continuous follow-ups. As stated in the law, enforcement proceedings with a warrant are a pursuit that can be opened anywhere in Turkey, that is, all Enforcement Directorates are authorized. Therefore, the borrower will not object due to lack of authority. It is possible to initiate follow-up in any enforcement department. The statute of limitations for making a follow-up request in a notified enforcement proceeding is 10 years.
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Enforcement proceedings without a warrant may be opened only at authorized enforcement offices. As a rule, the authorized body in this enforcement proceedings is the enforcement office at the debtor’s settlement location. However, if it is the case that he will receive money or security arising from the contract, the enforcement directorate at the place where the contract is performed becomes the authorized body. If the parties have previously agreed on the competent enforcement agency, it is mandatory to comply with this situation.
According to the nature of the enforcement proceedings to be carried out, documents must be prepared and, if necessary, a court decision must be taken. The fee to be deposited is then deposited by the creditor and it becomes possible to initiate enforcement proceedings by going to the relevant Enforcement Directorate. It is possible for these transactions to be carried out not only by the creditor, but also personally through a lawyer. In addition, it is highly recommended that the authorized enforcement office be determined together with a specialized lawyer in order to avoid loss of rights.