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Globally, it is seen that the increasing trend of company bankruptcies is increasing gradually. Especially in 2020, due to the pandemic process that affected the whole world, the company bankruptcies, which are already increasing, have increased the speed, even more, causing certain sectors to almost disappear. Disappeared industries, companies that go bankrupt, leave behind many unemployed and people are trapped with debts they cannot pay. The fractional reserve banking system, which we have never questioned, is fed by debtors. We cannot change this situation by continuing the current order.

The situation does not change in Turkey either. According to the Turkish Statistical Institute, there are currently more than 3 million companies and tradesmen in our country. Only 50% of these companies go bankrupt in a short time, and only one-third of the surviving companies can see 10 years.

For this reason, the questions that we lawyers deal with the most are;

• How can I delete the executive files in my e-Government?

• Asset Management Companies Are Constantly Calling and Sending Messages. How Can I Get Rid of This?

• What Kind of Way Should I Follow About My Bank Debts That Have Been Followed or Executed?

• The execution tracking file opened about me years ago is still visible in the bank systems, even though I made a payment. They don't give me a credit/credit card. What should I do?

• I'm going to sell my car/house but there is an outdated confiscation lien on my record. Can I remove the confiscation?

• By this principle, the creditor cannot apply to the guarantor without applying to the debtor. The surety is always the second debtor in any type of surety.

Since the answers to each of the aforementioned questions are independent of each other, I think it would be more appropriate to examine them under separate headings below.

1- How can I delete the executive files in my e-Government?

First of all, it is not possible to completely remove the execution file via e-government, and we can only convert the file from the OPEN file to the CLOSED file. To be able to do this, it will not be wrong to start commenting on the main numbers and opening dates of the execution files.

When you inquire about the execution tracking file in your electronic state, we can view the opening date of the file, the file base number, and other party information.

• If the file's opening date appears to be within the last 1 year, it is not possible to switch your file OFF. Because your file will not be dropped unless 1 year has passed after the creditor requested follow-up or another request in the file. In this case, your file will be CLOSED only as a result of the payment of the debt of the file or the execution of the external collection provisions by agreeing with the creditor.

• If your file's opening date is more than 1 year old, you will need to check the creditor's deadline. However, in this case, the creditor will be able to ensure that the file is renewed at any time, with or without a fee, depending on the circumstances.

2- Asset Management Companies Are Constantly Calling And Sending messages. How Can I Get Rid of This?

If your bank debts are not paid/collected for many years, banks can assign your current execution file (ie your debt) to Asset Management Companies. In this case, asset management companies, which constantly communicate with you through call centers, use many methods such as calling, sending messages, leaving a note on the door, and reaching your relatives for the aforementioned communication.

At this point, the questions asked to us lawyers and their answers are;

• The Asset Management Company charges much more than my principal asses debt. Is there a discount on this price?

Yes. Since these companies take the debts they have taken from the banks in very low amounts, such as one-tenth of the current debt amount (known as paper money) as per the agreement they have made with the bank, a discount must be requested from the amount they say. Upon your request for a discount, the company checks whether you have any assets on you and whether you are working, and can make a discount according to the collection capability of the file.

• The Asset Management Company is constantly harassing me and my relatives. Can I do anything against it?

In the relevant Disciplinary Board Decision dated 31.01.2015, the Union of Turkish Bar Associations addressed the lawyer who sent a harassment message with the idea that "Even if the Union of Bar Associations is thought to be in the interest of the debtor, all correspondence after the follow-up should be done through the Enforcement Directorate and with the opposite party's attorney, and the warning should not reach the dimensions of harassment". imposed a disciplinary sanction. For this reason, in case of constant phone calls or messages, a written complaint can be made to the bar association to which the lawyer who sent the message is affiliated.

Apart from this, Türkish Penal Code 123 to the Chief Public Prosecutor's Office."If a person is persistently called, made noise, or acted against the law with the sole aim of disturbing his peace and tranquility, the perpetrator is sentenced to imprisonment from three months to one year, upon the complaint of the victim." A criminal complaint may be filed under Art. For this reason, while paying the debt to the account number of the creditor's attorney, not the enforcement office, you must also request that the relevant lawyer write a letter to the relevant institutions so that the file is closed and the foreclosures removed.

3- What Kind of Way Should I Follow About My Bank Debts That Have Been Followed or Executed?

In this regard, first of all, you should contact your bank branch where you work and learn whether your file has been transferred to the law office, and if so, which lawyer has been transferred to the law office. Debts that have not yet been transferred to the law firm but are in default are still followed by the bank's legal department, and you can learn the contact numbers from your branch.

After the contact information is learned, the only thing to do is to call the person concerned and get information about whether you can benefit from the configuration and installment opportunities if you cannot pay at once.

4- The execution tracking file opened about me years ago is still visible in the bank systems, even though I made the payment. They don't give me a credit/credit card. What should I do?

There are two situations that come to mind here. Firstly, you may have directly deposited the amount written in the "Payment / Enforcement Order" delivered to you to the bank account of the enforcement office. In this case, the debt does not expire. Because the amount in the payment/execution order notified to you represents the "Tracking Exit Fee". In addition, the execution attorney's fee, collection fee, and expenses incurred after the follow-up is opened are not included in the aforementioned document. Therefore, since you made a missing payment, the amount paid with the bet is accepted as a partial payment, and enforcement proceedings continue over the balance amount.

In the second case, you made the payment directly to the account of the creditor's lawyer, not to the account of the enforcement office. Unfortunately, in this case, the debt will most likely not have expired. Because law firms do not mention the collection fee that must be paid to the enforcement office to persuade the debtor to pay in such cases of "External Collection". In addition, the debtor is not told that the notification fees must be paid to the enforcement office for the removal of the liens.

5- I will sell my vehicle/house, but an old-dated lien appears on the record. Can I remove the lien without paying any money?

As a rule, under Article 106 of the Execution and Bankruptcy Law No. 6352 '' (Amendment: 3/7/1940-3890/1 art.) (Amended first paragraph: 2/7/2012-6352/21 art.) Creditor, seized If the goods are movable, they may request that they be sold within six months from the lien and if they are immovable, within one year from the lien. The debtor's receivables from third parties are considered movable. '. Again, according to Article 110, “Release Of Attachment: İtem 110 – (Amended: 2/7/2012-6352/22 art.) If the sale of a property is not requested within the legal period or the necessary expense is not stored within fifteen days as per the decision to be made by the executive director. or if the request is withdrawn and not renewed within the legal period, the lien on that property will be lifted. The request for the sale of the seized property can be withdrawn once.

In other words, if the debtor's vehicle or receivable is foreclosed, for 6 months, and if the immovable is a lien, 1 year has passed, if the creditor has not requested the sale, the lien is forfeited. Foreclosure is not a spontaneous action by the enforcement officer, and it will be necessary to apply to the relevant enforcement office and request the foreclosure to be dropped according to the aforementioned law.

In practice, it would be correct to state that the execution file should be examined first to answer this question since the creditors' attorneys generally request sales from the follow-up files to prevent the lien.