Prison or Seizure?: Lawyers' Imagination Knows No Limits!

Debt is an unavoidable part of life for many of us. Bank loans, credit card debt, or payments owed to various institutions may become overdue. However, being in debt does not give anyone the right to harass you arbitrarily. Unfortunately, many people face illegal threats from lawyers when they are unable to pay their debts. The pressure exerted by lawyers during debt collection, often through phone calls, frequently crosses legal boundaries and becomes harassment.

These lawyers often try to intimidate debtors by threatening imprisonment or seizure of household items. These kinds of threats aim to increase pressure on the debtor and accelerate payments. However, it’s important to know that this approach is legally baseless.

Lawyers Crossing Legal Boundaries with Their Threats

As a debtor, you may be subject to debt collection, but this process must be carried out within legal boundaries. According to the Attorneyship Law and Enforcement and Bankruptcy Law, notifications to debtors must be made through official channels and in writing. Threats made over the phone may constitute an attack on personal rights and legal harassment. Particularly, Article 123 of the Turkish Penal Code (TPC), which addresses the "crime of disturbing the peace and tranquility of individuals," may apply in such cases. Likewise, lawyers who use intimidating language towards debtors may be committing the crime of threat under TPC 106.

Another important point to remember is the legal regulations regarding Seizure of Household Items. While almost all household goods were once subject to seizure, under Article 82 of the Enforcement and Bankruptcy Law, the seizure of basic necessity items is now prohibited. This means that essential living items, such as refrigerators and washing machines, cannot be seized. Therefore, it is illegal for lawyers to make such threats, and these actions may have legal consequences.

What You Can Do Legally

If you believe that lawyers are threatening you illegally or constantly harassing you by phone, there are several legal options you can pursue:

• File a Criminal Complaint with the Public Prosecutor's Office: You can file a complaint with the prosecutor's office for threats, harassment, or disturbing phone calls. These actions, carried out by lawyers, can be subject to criminal prosecution as they constitute an attack on your personal rights.

• Complain to the Turkish Bar Association or the Relevant Bar: The most authoritative body to which you can report unethical behavior by lawyers is the Bar. The Bar Association ensures that lawyers act in accordance with professional rules. You can file a complaint through the following channels:

  • Turkish Bar Association: info@barobirlik.org.tr | +90 312 292 59 00

  • Istanbul Bar Association: istbaro@istanbulbarosu.org.tr | +90 212 251 63 00

• Complaint Lines Linked to the Ministry of Justice: You can report illegal law practices through the Ministry of Justice’s helpline, Alo 150.

• Apply to the Consumer Arbitration Committee: If your debt stems from a consumer loan or similar agreement, you can apply to the Consumer Arbitration Committee. The committee will evaluate both the behavior of the lawyer and the legal validity of your debt.

• Raise Awareness via Social Media and Legal Advisory Platforms: While pursuing legal action against lawyers acting unlawfully, you can also share these incidents through social media or legal advisory platforms to raise awareness.

Being in Debt Is Not a Crime, But We Should Not Allow the Law to Be Broken

Being in debt is a situation anyone can experience. We acknowledge that going into debt or being unable to repay it is not something to be proud of. Fulfilling one’s financial responsibilities is a duty for every member of society. However, financial difficulties at certain times can make it impossible to repay debts. In such cases, seeking a solution through legal means is the most appropriate course of action.

However, no matter the circumstances, it is unacceptable for a debtor to be subjected to psychological and legal harassment. Lawyers must conduct their profession within the framework of the law. If the threats you face are frightening and putting you under pressure, you should not hesitate to exercise your legal rights. With the protection provided by the law, we should stand up against these lawyers and not allow them to use illegal methods to exert pressure on us.

Remember, the law grants rights to debtors as well. Knowing our rights is the strongest step we can take to eliminate the injustices we face.