Document and presentment
Prepare the original of the instrument, the maturity / issue date, the endorsement, and the bank or protest records. Let us assess the conditions for enforcement and urgent protection.
Check and collection guide
NEGOTIABLE INSTRUMENTS LAW · COLLECTION AND DEFENSE
Negotiable Instruments and Checks
An unpaid check or note, a payment order in enforcement on negotiable instruments (kambiyo takibi), an objection to the signature or a lost document. For checks, promissory notes and bills of exchange, we assess collection, defense, negative declaratory action and cancellation proceedings together with the original instrument, the underlying debt relationship and the short statutory time limits.
Request a Legal ConsultationDOCUMENT · SIGNATURE · TIME LIMIT
What Should You Check First in a
Check or Note Dispute?
Checks, promissory notes and bills of exchange are negotiable instruments that carry different formal requirements, liabilities and time limits for applications. The right stated on the instrument and the underlying relationship, such as a sale, a loan or security, must be examined together.
Your legal position as a creditor, debtor, endorser, aval guarantor (avalist) or company representative changes the route of application. First, the original instrument, the signature, the capacity of the parties and all dates are determined.
Five-day / ten-day distinction
In the attachment route specific to negotiable instruments, an objection to the debt and the signature is as a rule five days; the period for payment is ten days. The start is service. The type of application and the method of service must be examined immediately.
Objection and time limit guideProtecting and returning the instrument
Keep the instrument details and the loss record. The routes of a payment ban, cancellation or return of the note are assessed according to your status as the rightful holder.
Lost instrument guideOur Legal Services in Check and Note Disputes
We determine the route suited to your file for collecting the claim and defending against enforcement.
Checks and checks returned for lack of funds
Presentment, bank transactions, collection, complaint and the ban on issuing checks.
Review the detailed guide: Checks and checks returned for lack of fundsEnforcement on negotiable instruments and objection
Objection to the debt, the signature and jurisdiction; complaint, time limits and precautionary attachment.
Review the detailed guide: Enforcement on negotiable instruments and objectionPromissory notes and security notes
Lack of consideration, blank promissory notes, payment and notes issued in consumer transactions.
Review the detailed guide: Promissory notes and security notesLoss, cancellation and payment ban
Lost or stolen instrument; the rightful holder and the return of the instrument.
Review the detailed guide: Loss, cancellation and payment banNegative declaratory action and recovery
Establishing that no debt exists, recovery after payment, evidence and mediation.
Review the detailed guide: Negative declaratory action and recoveryEndorsement, aval and signature
The legitimate holder, company representation, bill of exchange, alteration and foreign element.
Review the detailed guide: Endorsement, aval and signature
How We Assess Your File
Document and dates
The front and back, the original instrument, maturity, presentment, protest and service records are reviewed.
Party and underlying relationship
The endorsement, aval, authority of representation, contract, delivery and payments are compared.
Application and protection
The route of enforcement, objection, action, cancellation, payment ban or precautionary attachment is determined.
Collection and enforcement
Assets, security, composition with creditors (konkordato) / bankruptcy and the enforcement of the decision are assessed.
What becomes clear in the initial assessment?
The route of application, imminent time limits, missing documents and the need for urgent protection are determined. The scope of services, the attorney’s fee and possible litigation costs are explained separately. The outcome of collection or litigation cannot be guaranteed.
First Consultation Preparation Checklist
If there is a payment order or an approaching presentment deadline, let us know without waiting for all documents to be completed.
Documents that will be useful to prepare
- Legible front and back of the check, promissory note or bill of exchange; the original and where it is kept.
- The payment order, the service envelope or the evidence record of the National Electronic Notification System (UETS).
- Presentment, the “returned for lack of funds” notation, protest and bank records.
- Contract, invoice, delivery document, bank receipt (dekont) and the record of return of the note.
- Company representation documents, signature records and related correspondence.
Frequently Asked Questions About Checks and Promissory Notes
Can every signed note be the subject of enforcement on negotiable instruments?
No. The mandatory elements specific to the type of instrument and the statutory supplementary provisions are examined. The absence of the status of a negotiable instrument does not mean that all claims arising from the underlying relationship automatically end.
The payment order says ten days; do I also have ten days to object?
In the attachment route specific to negotiable instruments, an objection to the debt and the signature is as a rule five days from service. Ten days is the period for payment. The ground for complaint and the method of service are also examined separately.
Do enforcement acts stop on their own when I object?
An objection to the debt or the signature does not on its own stop enforcement acts other than the sale. If the conditions are met, a temporary stay is requested separately from the enforcement court.
Is it enough to say that I gave a security note?
The security relationship must be substantiated with the note, the contract and delivery records. Transfer to a third party and the legal position of the holder may affect the scope of the defense.
Does a negative declaratory action stop the enforcement?
Filing the action does not stop the enforcement on its own. The conditions for interim protection differ between actions filed before and after enforcement; after enforcement, the route of not paying out the money held at the enforcement office cashier is assessed separately.
Is notifying the bank enough for a lost check?
Notification is important, but it does not replace a court’s payment ban or cancellation decision. The status of rightful holder, the manner of the loss and whether it is known who holds the instrument are assessed.
When a check is returned for lack of funds, is my claim collected in the criminal file?
The criminal process does not on its own secure collection of the claim. Enforcement or a claim for the receivable, and the complaint and sanction process, are pursued under separate conditions.
Does a signature on a company note create personal liability?
The authority of representation, the manner in which the signature was placed, the aval and other entries are examined together. The presence of a company stamp or of more than one signature does not on its own explain every situation.
Legal Support Based in Antalya, Connected with Türkiye
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999, assesses disputes over negotiable instruments in all 81 provinces of Türkiye according to the requirements of subject-matter and territorial jurisdiction, time limits, evidence and representation. Our physical headquarters has been in Antalya since 2007.
For files of persons and companies abroad that are connected with Türkiye, online consultation and multilingual communication can be used. Where proceedings in a foreign country are required, they are coordinated with legal professionals authorized in that country.
Languages of communication: Turkish, English, German and Russian.
Legal Basis
Depending on the nature of the claim, the Turkish Commercial Code, the Enforcement and Bankruptcy Law and the relevant special provisions apply together.
FILE-SPECIFIC LEGAL ASSESSMENT
Let us clarify your document and the
next step.
You can request a consultation by stating the type of document, your legal position and, if any, the date of service.
Information and documents are used within the principles of confidentiality and protection of personal data, for legal assessment and within the agreed scope of service. An inquiry alone does not create an attorney–client relationship and does not stop statutory time limits. This content is general information.