Cancellation of Savings

An action for avoidance of disposal refers to lawsuits filed to nullify transactions made by a debtor over their assets. Sometimes, debtors transfer assets to third parties, carry out sham sales, or gift assets to relatives to avoid paying debts or to evade seizure. Such actions can seriously harm the creditor’s rights. The Action for Avoidance of Disposal is one of the most effective legal tools for the creditor to invalidate these unfair transactions and secure repayment.

At Sayın Law Office, leveraging our experience in enforcement and bankruptcy law, we provide robust legal solutions to protect creditors’ rights and counter debtors’ attempts to dispose of assets fraudulently.

Situations Subject to Avoidance of Disposal

This type of action is commonly initiated in the following scenarios:

• The debtor transfers assets to a spouse, child, or relative after incurring a debt.
• Transactions are presented as real sales but no consideration is actually received (sham sales).
• The debtor sells assets at an unusually low price after incurring debt.
• There is a special, emotional, or commercial closeness between the debtor and the transferee.
• The debtor continues to use the transferred asset despite having passed it to a third party.

Such transactions are considered fraudulent and violate the creditor’s rights. The action for avoidance of disposal is filed to nullify these transactions and enable the seizure of transferred assets.

Legal Process

• Competent Court: The Civil Court of First Instance in the debtor’s place of residence has jurisdiction.
• Parties: The creditor is the plaintiff; the debtor and the third party are defendants.
• Deadline: The action must be filed within 5 years from the date of disposal.
• Burden of Proof: The creditor must prove that the transaction was intended to harm the creditor or was sham/uncompensated.
• Outcome: If the court nullifies the transaction, the transferred asset can be seized and liquidated for the creditor’s benefit.

At Sayın Law Office, we carefully identify our clients’ losses, ensure evidence is fully collected, and manage each stage meticulously to secure a fair outcome for all parties in avoidance actions.

Sayın Law Office Approach

When a debtor attempts to evade creditors by disposing of assets, seizure and enforcement procedures may fail. This means that even though the creditor is legally entitled, they cannot effectively collect their claim. The action for avoidance of disposal is a powerful legal tool that restores the creditor’s actual and legal power in such situations.

Actions for avoidance of disposal are complex and require technical knowledge and experience. At Sayın Law Office, we provide end-to-end support in:

• Identifying asset transfers made to evade creditors
• Structuring disputes on a solid legal basis
• Drafting effective petitions
• Providing strong representation in court for the creditor
• Completing seizure and collection procedures after the annulment decision

These cases require not only knowledge of enforcement law but also expertise in property transfers, contract analysis, commercial relationships, and family law connections. Sayın Law Office thoroughly analyzes this multi-faceted structure and manages the litigation process with precision.