gra

belek member
court action
Hi all

A quick question, is there a legal way to take to court a director of a Turkish company who signed a contract that has not been fulfilled , as this company has no money could we try to recoup money from the director as apposed to the company.

In other words, go for the man (who is still trading under a new name) as apposed to taking to court a company with no assets.

Thanks Gra
 

Peregrine

Member
court action
well if its a company and its got no money then you are barking up the wrong tree (figuratively speaking) and if hes a smart company director you have two hopes - Bob and No
 

PASH

Member
court action
I would say there would be a slight chance if you could prove that it was a deliberate act of fraud then company directors can be held personally liable, if not, it would be very difficult - Tough one!
 
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gra

belek member
court action
Hi

The contract was not notarised, at the time (3 years ago) we thought signing a contract with one of the two directors of a large turkish company,on headed paper would be ok, we had just completed on a new build and we trusted this company, so (looking back) foolishly we invested some money , we were asked, to buy an appartment that this company would sell on our behalf, they take the commision we take the profit. you can guess what comes next, when we asked to take our money out, we are told due to this that and the other, they are unable to pay out, we did however get this director to sign again on company headed paper that they do owe us xxxx €, and even agree to pay interest.

We know looking back is easy , and yes our faults ect ect

But is there any legal means to bring these dishonest people to justice.

I am more than willing to pay £10 for any help.

Thanks gra
 

celtic

Member
court action
Hi

The contract was not notarised, at the time (3 years ago) we thought signing a contract with one of the two directors of a large turkish company,on headed paper would be ok, we had just completed on a new build and we trusted this company, so (looking back) foolishly we invested some money , we were asked, to buy an appartment that this company would sell on our behalf, they take the commision we take the profit. you can guess what comes next, when we asked to take our money out, we are told due to this that and the other, they are unable to pay out, we did however get this director to sign again on company headed paper that they do owe us xxxx €, and even agree to pay interest.

We know looking back is easy , and yes our faults ect ect

But is there any legal means to bring these dishonest people to justice.

I am more than willing to pay £10 for any help.

Thanks gra

Hi Gra,

It wouldn't be appropriate for me to answer this question without seeing and properly getting informed about the relevant contract. However, I can give some basic information regarding how you can go for the 3rd parties(the director in this issue) for collecting any debts.

First, you must now that there's no liability of the director, but the company itself if the director signed the contract behalf of the company as it was clearly stated on the paper.

What's generally done by lawyers in such circumstances is starting an execution process against the company and sending a notice to the company director for ordering him/her to pay all his/her debts to the company in bailiffs office to be payed to the company's creditor. This may sound a little complex for a foreigner but it brings a result if the company director doesn't object this notice in 7 days as the debt will also be deemed to be the director's.

From the other hand, there's no objection to file an action rather than starting an execution process. But you should bear in mind that it will take way longer and can't be guaranteed to hit the success.

Hope this helps,

Regards.
 

gra

belek member
court action
Hi celtic

Thanks for the advice, could i pm you with more details.

I will donate to the helpdesk now.

Gra
 

celtic

Member
court action
Hi celtic

Thanks for the advice, could i pm you with more details.

I will donate to the helpdesk now.

Gra

Sure you can, Gra. Thus, I can give satisfactory and correct information as far as I can via pm.
 

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