Many Turkish companies have commercial relations with French companies.  French companies and Turkish companies exchange goods and services with each other. However, unfortunately, there may be problems in the collection of receivables between the companies. For this purpose, it is necessary to apply to the judicial bodies in France and Turkey and to take the necessary actions for the collection of the receivables.

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The ways to be followed regarding the collection of the receivables of a Turkish company in France are as follows:

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• Through your lawyer in France, it is necessary to send a letter to the debtor company and ask it to pay the debt within a certain period of time. This letter, which is equivalent to a notarial notice under French law, is of great importance for the courts if the dispute is brought to court and is necessary for interest to accrue and for the debtor to be in default.

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• If the debtor does not object to the receivable or if it is understood from the correspondence that the debtor accepts the debt, it is necessary to send a payment order to the debtor from the president of the competent commercial court. If the president of the court approves the issuance of this payment order, the payment order shall be served to the debtor. If the debtor does not object to this payment order within 30 days, the payment order accepted by the president of the commercial court will replace a finalized court decision. Enforcement proceedings are then initiated and the debtor's assets may be seized. If the debtor objects to the debt within the 30-day period, the dispute will be heard as a normal debt case before the commercial court.

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• If there is a possibility that the debtor may dispute the debt or deny the debt, it is better to file a direct action before the commercial court. On average, the case will be concluded within 6 months to a year. In this regard, the commercial courts in France try to conclude the case as quickly as possible.

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• Another possibility is if the receivable is certain and there is a danger of delay. In this case, it is again necessary to apply to the president of the relevant commercial court and obtain a decision through the speedy trial procedure.

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Which path should be followed varies from case to case, from claim to claim and whether the debt is accepted or not.

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At the end of the above-mentioned legal process, it is necessary to execute the court decision obtained and seize all the debtor's property and bank accounts. If there is a possibility that the debtor is likely to abscond, the president of the commercial court may also be asked to impose a precautionary attachment on the goods.

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The follow-up of a French company's receivables in Turkey can be in two ways: If there is a contract between the parties, a duly issued invoice, delivery of the goods in accordance with the contract and acceptance of the debt, a payment order is sent to the debtor. If the debtor does not object within 7 days, the debt is finalized and the receivable is put into follow-up. If there is an objection to the debt, the dispute is resolved by the enforcement court or the commercial court.

 

The second way to pursue a claim in Turkey is to file a lawsuit directly. This remedy is generally available in cases where the debt is disputed or the goods are deemed to be defective. If the receivable is finalized with the decision to be made at the end of the lawsuit, the enforcement procedure is initiated.

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Our law firm has served many Turkish and French companies in this field and has been able to collect their receivables in many cases.

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The important point here is that the law firm handling your case has a good command of both legal systems, speaks the same language as the relevant law firm, so that you can explain your legal claims well and make the necessary defenses for the case with information and documents in a timely manner.

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With these qualifications, our law firm assists you in your debt claims in Turkey and France.