Turkey/Debt collection demand
We have received a puzzling letter (ilamsız takiplerde ödeme emri) from the icra dairesi and we don't know what to do. Some years ago a friend of my partner who owned a rent a car company used to lend him a car from time to time as a favour.
My partner then fell out with his friend and we lost contact.
Now 4 years later we receive a letter which seems to be claiming that we (both of us although I have never driven here) rented a car from this guy's company for 3 years and never paid for it.
Do we ignore this as complete rubbish or should we answer and to whom? Do we need legal assistance? Is there a standardised form to reply that this is without substance and completely fabricated?
The sum requested is over 57000 TL...
I would appreciate your advice on this as we are a bit perplexed.
Also I am worried as we plan to go on holiday on Monday (planned for a long time) outside of Turkey and I hope that it will not flag up as a debt at passport control and we will not be able to leave?
Thank you in advance
It's difficult to give you exact advice without seeing the document but you must not ignore this.
There should be a period given for response from the date of delivery and you need to find out what documents this person has submitted to support his claim so you can object to it. This will probably require the assistance of a lawyer I'm afraid because, if you don't object, this is construed as acceptance of the debt.
It won't show up on any system preventing travel at this point because the debt isn't finalised until after the period for objection has passed but due to the figure, I strongly suggest you try to get hold of a local lawyer today or first thing Monday before you go away so the necessary paperwork can be dealt with in your absence.
---------- FOLLOW-UP ----------
QUESTION: All signed and dusted and accusations cancelled. We had to get a dilekçe saying we refuted the debt and we took this to the İcra Dairesi with photocopies of our passport and they immediately cancelled any charges. To be on the safe side we got extra copies signed and stamped in case the passport control asked for it but the Icra manager said it was unnecessary as all charges are dropped. Now if the guy wants to go any further he must take a lawyer and takes us to court. Knowing that 6 years ago just sending a letter of legal notice cost 1500 TL, I doubt he will go any further particularly as he would have to provide proof which does not exist.
Our lawyer also confirmed that there was no need to remove funds from the bank. However if he does serve us with legal notice that he is taking us to court, it will be the first thing we do.
Thank you for your help and advice.
I'm really glad to hear you were able to find someone to deal with this so quickly.
For your future reference, a claimant cannot have your bank accounts restricted unless/until a debt is considered valid by the icra department.
I hope you have a super holiday.