Bills of exchange (cheques, bills, policies) are common payment instruments in commercial life and are subject to the special enforcement proceedings procedure regulated in EBL art.167-176.
Procedures Specific to Bills of Exchange (Example 10)
The creditor initiates proceedings by applying to the enforcement office with the original bill of exchange. In the payment order notified to the debtor:
- Payment within 10 days or
- The right to object is stated within 5 days
Debtor's Objection Types
1. Objection Against the Promissory Note Itself
- Signature denial
- Making someone sign by mistake, fraud or disgust
- Free of charge
- Fundamental errors in the promissory note
These objections are made to the enforcement court within 5 days.
2. Objection to Debt
- Paid
- Expired by statute of limitations
- Has the right to exchange
Signature Denial (EBL art.170/A)
If the debtor claims that the signature on the promissory note is not his/her:
- The enforcement court conducts an expert review
- If the signature belongs to the debtor: the pursuit becomes final + 20% denial compensation
- If the signature does not belong to the debtor: the pursuit is canceled + 20% compensation to the creditor
Cheque Ban and Bounced Check Crime
Check Law no. 5941 article 5:
- Drawing a bad check: Judicial fine of up to 1,500 days
- Prohibition on opening a checking account
- Crime based on complaint (complaint within 3 months)
Supreme Court 12th HD Approach
The 12th HD of the Supreme Court of Appeals accepts that presenting the check to the bank "before the date of drawing" does not cause the check to be considered invalid, but the holder can exercise his right of presentation from the date of drawing.
Court in Charge
- Enforcement Court: Complaint, objection
- Executive Criminal Court:Bad check crime
Bills of exchange follow-ups are short-term and technical issues; Act together with commercial law lawyer.