Assignment of a Claim

Acquiring a claim does not automatically establish its validity or the amount payable to you. Identification, restrictions on assignment, written form, and debtor defences must be examined together. The assignment price and assigned claim are different items.

The Claim Must Be Clear in the Agreement

Debtor consent may not be required unless statute, contract, or the transaction's nature prevents assignment. Voluntary assignment nevertheless requires written form under Article 184 of the Turkish Code of Obligations. The originating contract, claim, and portion assigned must be understood. Future claims or groups of claims require separate assessment of determinability and special provisions.

Notice and Debtor Defences

Notice may affect to whom valid payment can be made. Earlier payments to the old creditor, objections, and set-off allegations must be reviewed. Assignment does not create a nonexistent claim or invariably cure defects. Multiple assignments or attachments make dates and priority records particularly important.

The Assignor's Documents and Liability

Original evidence and ancillary-right records must be delivered to the assignee. In an assignment for value, liability for the claim's existence differs from an undertaking about the debtor's solvency. The contractual allocation of collection risk must be read. If litigation or enforcement has begun, procedural substitution is a separate step.

Documents That May Be Prepared for the Initial Review

• The written assignment agreement
• The underlying debt relationship and account statement
• Debtor notice and payment records
• Existing litigation, attachments, and earlier assignments

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.