We Lent Money,But We Were Insulted: What Will be Happen Now?

Nowadays, relationships established through digital platforms can sometimes lead to malicious behavior and financial losses. When lending money to someone in financial distress, documenting the transactions correctly and taking the necessary legal steps are critical to the collection of the receivable.

Here are the things to consider during this process:

Pay Attention to the Explanation Section!

In bank transfers, it is not enough to just write "debt" in the explanation section. Such general expressions may lead the other party to object that the debt has been paid. Instead, the nature of the debt should be expressed more clearly by using expressions that include dates and details, such as "I gave the debt to be repaid on 01/12/2024". This approach provides an important basis in the process of proving the debt relationship.

Steps to be Taken in Case of Non-Payment of Debt

When the debt is not repaid, it is recommended to first send a notice to the debtor through a notary. If this process fails, enforcement proceedings may be initiated:

If the debtor has assets: His salary may be seized or his real estate may be seized through the enforcement office.

If the debtor does not have assets: Seizure proceedings may be applied to real estate or other assets to be acquired in the future. However, at this stage, there is no other solution than waiting legally until the debtor's assets are transferred to him.

During the enforcement process, there may be a possibility that the debtor may file a counterclaim. However, if you are sure that you are right, you should not hesitate to do so. Justice of the law will prevail sooner or later.

Insult Case and Use of Evidence

During the debt collection process, you may encounter insulting messages or statements from the debtor. In this case, you can file an insult case pursuant to Article 125 of the Turkish Penal Code. WhatsApp correspondence can be used as evidence in accordance with the law. However, recording phone conversations without a court order is against the law and such records are not accepted as evidence.

In addition, you may be found guilty of a transaction contrary to the Personal Data Protection Law (KVKK). For this reason, you should only use legal methods in the evidence collection process.

Get Support from an Expert

In debt and credit relationships, supporting transactions with written evidence is vital for the creditor. However, in any case, the best approach is to consult a lawyer and manage the process professionally. Legal processes can be complicated; however, do not doubt that justice will prevail in a case where you are right.

You lent money, you were insulted; now is the time to defend your rights!