Litigation and Collection Process
The Law regulating the legal proceedings in Turkish law was Law No. 1086, which has been in effect since 1927. This law was abolished at the end of 2011, and Law No. 6100 on Law Enforcement was enacted. The new law brings many innovations together. For example, instead of the two-stage trial process, which was formerly a first-instance court and the court of cassation, an additional appeal phase was also included to be applied before the appeal to the new judicial proceedings. In July 2016, the District Courts of Justice, which will serve as appeal courts, have been commissioned.
An important change brought in 2018 is mandatory mediation in labour law cases.Accordingly, applying to mediator is accepted as a condition for bringing a suit in claims for receivables and compensation where a worker or an employer based on an individual or collective labour contract and reinstatement claims.
Applying to the enforcement proceedings for uncollectible receivables arises as a necessity at the end of the litigation process, to collect the receivables, efficiently and quickly.
The legislation dealing with litigation and collection processes is constantly updated and there are comprehensive legal precedents on the subject that are also constantly updated. It is very important to have a team experienced in this area that is well-versed in current legislation and case law in order to follow the collection and enforcement processes effectively and efficiently.
Significant changes were made in the Execution and Bankruptcy Law with Law No. 7101 in 2018, for example, the bankruptcy postponement which has been under implementation for many years has been abolished.
Lexist has successfully represented for long years Turkey’s leading corporate companies and their clients consisting of parties in cases involving many sectors and a wide variety of work under all jurisdictions, which it still continues to represent. Lexist, having an experienced team with effective and efficient work in collection processes, follows the execution files of many clients across Turkey’s top 500 companies.