If I have no written contract, can I still claim my receivable?+−
The absence of a written contract does not remove the right to claim in every case. The nature of the relationship, the date of the transaction, bank records, correspondence and the evidence that can be used are reviewed. It should not be assumed that proof by witness testimony is possible.
Is a bank receipt or an invoice enough on its own?+−
Not always. The extent to which the receipt shows the reason for the payment, and the invoice shows the underlying relationship and performance, is assessed. It may be necessary to review delivery, acceptance, correspondence and payment records together.
Should enforcement proceedings or a debt claim action come first?+−
The document at hand, the nature of the claim and the likely defenses are decisive. Starting with enforcement proceedings is not mandatory in every file. Mediation as a condition precedent to litigation and the court with subject-matter jurisdiction are also checked separately.
Is mediation mandatory in every debt claim action?+−
No. In commercial, employment, consumer and lease disputes, the relevant scope and exceptions are assessed. It should not be overlooked that commercial actions for a negative declaratory judgment and for recovery of payment may also fall within the scope of the procedural prerequisite.
Does filing an action for a negative declaratory judgment stop the enforcement proceedings?+−
Not automatically. Whether the proceedings have started, the protection requested, security and any special provision are important. The general rule that applies after enforcement proceedings have begun must be distinguished from the exception concerning proceedings that begin during mediation.
Does sending a formal notice stop the statute of limitations?+−
It should not be assumed that the statute of limitations is interrupted merely because a formal notice was sent. The type of claim and the grounds for interruption and suspension are reviewed separately. Time limits must also be tracked while negotiations continue.
If the case is won, is collection certain?+−
No. The debtor’s ability to pay, their assets, existing security and other creditors affect the implementation stage. For this reason, legal merit and collection risk are assessed together.
If I live abroad, can I start the process?+−
Your file with a connection to Türkiye can be assessed through an online consultation. The power of attorney, foreign documents, translation, service of documents and the conditions in the country where the decision will be enforced are determined.