Turkey: Legal Assessment On Legal Proceedıngs On Dud Checks

Last Updated: 1 August 2018
Article by Mehmet Bora Demirel

LEGAL PROCEEDINGS ON DUD CHECKS

Check is the preferred means of payment rather than cash, especially in business life. However, sometimes, when the check is presented to the bank; by the reason that written amount on the check is not in the account of the related person check cannot be paid. Thus, the related bank can return the check without paying by adding the "Dud" statement on the check. This is the situation in which the check is dud.

1. COLLECTION PROCEDURES

If the person who holds the check goes to the bank and tries to collect the amount on the check, and if the person who makes out the check does not have the money in the account, the related bank turns the check into a Dud Check by writing "Dud" statement on it. If the check submitted to the bank is unresponsive, the primary action to be taken for collection is to initiate an execution proceeding against the drawer or endorsers. A file will be opened in the Executive Directorate, and then an order will be issued to the debtor to pay the dept. In case of no objection (with a receipt which shows the debt has been paid) for five days or no payment for ten days after the notification received by debtor, enforcement actions may be done on the assets registered by those related or the receivables in the third person may be foreclosed. In addition, if the debtor has accounts in other banks, these accounts will be foreclosed and debts will be collected.

Also, the enforcement action can be dealt with actively. This means the check holder may execute the enforcement action with the enforcement officer on the address of the debtor. In this way, it is aimed to make the debtor pay the debt and to eliminate the harm. These are the general methods of collection, so that different transactions can be made according to the status of each event. In addition, the related bank is also required to pay a portion of the loss by paying the "check leaf price".

In addition to the unpaid check collection procedures, the punishment of these persons can be ensured by filing a complaint against the related person. The penalty is valid for checks issued after 09.08.2016. All of the collection and complaint procedures can be carried out with the demands of the person who holds the check against the drawers and other borrowers of the check. If this precondition is not fulfilled, collection by the way of execution will not be possible.

2. CHECK SUBMISSION PERIODS

Another important issue in check collection is the submission periods. The check withdrawal period is the time that the person who is holding the check must apply to the bank for payment within the submission period. If the person that is holding the check does not apply to the bank within the period of the submission, the check cannot be collected.

General submission periods for checks are:

  • If the place of payment is the same as the place of issue, ten days;
  • If the place of payment and the place of issue are different, the period of submission is one month;
  • If the place of payment and the place of issue are in different continents, the period of submission is three months.

3. CRIMINAL LIABILITY UNDER THE RECENT AMENDMENTS ON THE CHECK LAW

According to the amendment made in Article 5 of the Check Law, on the complaint of the bearer about the person who caused the transaction to be "Dud" with regard to the check, shall be punished with a fine of up to one thousand five hundred days in respect of each check. The judicial monetary penalty cannot be less than the sum of the unrequited amount of the check price, the default interest to be processed and the expense of the trial proceedings can also be demanded. The court also rules on the prohibition of opening checks and opening check accounts as protection measures during the proceedings. Due to this crime, the provisions on pre-payment, compromise and postponement of disclosure of the judgment shall not apply. In addition, in the case of nonpayment of judicial penalties, the penalty shall be converted directly to imprisonment without a decision of public employment.

The court will also rule on the prohibition of drawing a check and opening check accounts. The decision of the prohibition of drawing a check and opening check accounts shall be applicable to the check accounts owner (real person or legal entity); to those who draw check on behalf of the legal person; to the authority of the company which is registered in the trade registry.

The person who has been given a decision about the prohibition of drawing a check and opening a check account, is obliged to return to the related banks all the checks that he/she holds. A new check account cannot be opened for this person. If the person will still continue to draw check despite the decision, he/she will be punished with imprisonment of up to three years from one year.

4. CONCLUSION

As it can be clearly seen above mentioned explanations, the check should be submitted to the related bank, and after determining that the check is dud. In such a case, a file will be opened according to Enforcement Law procedures so that the enforcement action can be dealt. Lastly, in the event that the check goes unanswered, some penal sanctions will be applied, such as a prison sentence, prohibition of opening checks and opening check accounts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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