What Is Checked Before Enforcing a Dishonoured Cheque?

Enforcement Proceedings and Payment Orders

Before enforcing a dishonoured cheque, check timely presentment and proper recording of non-payment. The Turkish Commercial Code's presentment and recourse rules must be assessed with the places of issue and payment. One presentment period cannot correctly be stated for every cheque. The bank annotation's content and date also matter.

Prepare front and back, bank records, endorsements, and any part payments together. A telephone message stating that the cheque was dishonoured is insufficient to assess the original and banking actions. Drawer, endorsers, aval guarantors, and company signatories may have different liabilities. From whom recovery is sought and why must be determined from the document.

The underlying goods or services relationship must also remain in the file. Return, lack of consideration, security, or signature allegations may later cause disputes. Cheque-related criminal applications and enforcement for collection require separate assessment; one application does not automatically preserve every period and right. Variable amounts such as statutory bank liability must also be checked for the transaction date.

Prepare both sides and bank presentment records, identifying where the original is held. List existing actions, enforcement files, and part payments together; the new application must not produce double recovery.