Attachment and liquidation of debt for collection of public claims

Public Enforcement Law regulates the relations between claimers (State, Provincial Special Administrations and Municipalities) and debtors —natural persons and legal entities who owe money to these state institutions. Forcible collecting/collection decrees substantially shape these regulated relations on the basis of the importance of the collection of public receivables. The forcible collection is a long process that starts with the enactment of the payment order and continues with the several procedures such as the preparation of the confiscation document, the exercise of the confiscation, the liquidation and the deduction of liquidated amount from public debt. Therefore, this long process may harm the interests of public creditors, public debtors, and third persons. Because 6183 numbered law which designates forcible collection decrees became effective in 1954 and because there have been only a few changes in the parts of the law that regulate the forcible collection, some problems and deficiencies have been observed regarding the protection of interests of the subjects/parties of the public enforcement. This study/dissertation explores alternative solutions by examining the forcible collection process and already-experienced or possible disagreements in this process. The aim of this study is to eliminate the uncertainties that are encountered during the forcible collection of public claims.