What are Judicial and Non-Judicial Enforcement Proceedings?
Non-judicial enforcement proceedings cover only receivables consisting of money and collateral at these stages. Accordingly, non-judicial enforcement proceedings refer to enforcement proceedings that are not based on a document in the nature of a judgment, which is a decision given by the court. At the same time, non-judicial enforcement proceedings can be initiated without needing any court decisions, judgments, or documents. In non-judicial enforcement proceedings, not to the debtors, but a payment order is sent to them at this point. According to these, pursuant to Article 42 of the Enforcement and Bankruptcy Law, the proceedings are initiated by sending demands to the debtors, and they continue through the seizure of assets and the conversion of pledges into money, or through bankruptcy. In these cases, enforcement proceedings with judgment can be initiated against foreign states, provided that international agreements are reserved, but it is not possible to initiate non-judicial enforcement proceedings in this way.
Seizure Cancellation is Now Very Difficult
Judicial enforcement, on the other hand, is when the creditor has first filed a lawsuit against the debtor and has finalized their status as a creditor with a court decision, and accordingly, the court decisions, i.e., the judgment, are subject to enforcement proceedings. At this point, the creditor will have secured all their receivables from the debtors through court decisions. Receivables can be monetary, or other things can be obtained at this point. For example, the delivery of movable property or the delivery of a child, which is a debt arising from family law, can also constitute the subject of a judgment. What are the enforcement paths for bills of exchange; these are the enforcement paths applied for the collection of receivables based on bills of exchange. Accordingly, bills of exchange are promissory notes, checks, and also drafts. If you have received a bill of exchange from your debtor to secure your receivables, you can resort to this path. If, when you resort to this enforcement path, the enforcement officer sends a payment order to the debtor, it is not possible for the debtor to object to the enforcement directly from the enforcement office in the cases of seizure through enforcement proceedings for bills of exchange. Accordingly, in some cases, it is necessary to apply to the enforcement court to object to the debt.
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