Debtor’s Assets Check System Is Coming 17 December 2018

It is expected that the Law will be published in the Official Gazette and the amendments will come into force in the coming days.
We would like to inform you of debtor’s assets check system on the National Judiciary Informatics System (NJIS – UYAP).

1. Can Debtor’s Ownership of an Asset Be Checked before Commencing Execution Proceedings?
The creditor may check whether the debtor has goods, rights or claims through UYAP via the IT systems integrated with this system before commencing execution proceedings against the debtor, if he/she chooses, or he/she can demand for debtor’s assets to be checked for fifty Kuruş.

2. Can Debtor’s Ownership of an Asset Be Checked after Commencing Execution Proceedings?
After payment duration stated in the payment order is passed by or the objection to the payment order is abolished, the creditor may check whether the debtor has goods, rights or claims through UYAP via the IT systems integrated with this system without demanding a confiscation.
At the end of the check, the system will not give information about the goods, the rights or the nature and the details of the receivable and will give information only about whether the goods, rights or receivable is existing. In case that existence of the debtor's property, right or receivable is determined, creditor may demand confiscation via UYAP.

3. Can Lien Notifications Be Sent via UYAP?
With the amendments made to lien notifications, which inform the debtor’s debts to be paid to the, if any, lien notification and replies to them can be sent via UYAP and the integrated IT systems using the secured electronic signature.
The notifications made by the said method shall be deemed as notice.

4. When will the Amendments Come into Force?
The Law has not been published on the Official Gazette, yet. However, the amendments shall come into force when the Law is published on the Official Gazette.