Recovering Personal Debt

Hello

I met a Turkish National while on vacation in July-August of 2007. At the time he claimed he had an outstanding credit card debt of $15,000 U.S. Dollars and if he didn't pay it within 30 days he would go to jail. He showed me bills showing the debt he owed and letters from the bank in Turkish. I agreed to lend him the money. He signed a Senat for $7,000 of the debt, agreeing to repay the money in 5 years (the Senat was not notarized). When I returned to New York, I transferred $15,000 into his bank account. I was involved with this man for 2 years, visitig him 4 times in Istanbul. Over that periord I lent him a total of $32,000, $25,000 of which he promised to pay back and for the other $7,5000 I was to receive 2 carpets, as he said it would be impossible for him to repay this part of the debt in currency. He always seemed to have legitimit reasons for needing the money (brother's operation, loss of job etc).

Besides the Senat for $7,000 I have all bank receipts for the money I loaned him as well as emails from him acknowledging receipt of the money and that he intended to repay this money. I have his home phone, mobile and work telephone numbers for him as well as knowing where he lived as of 2010 and worked.

I broke off the relationship in October of 2009 with the understanding that he would repay the money he owed me. I last heard from him in July 2010 when I told him I didn't want to have any more contact with him but that I expected him to repay the money he owed to me. He told me,"Not to worry."

The debt becomes due in August 2012. In the meantime I would like to know if I have any legal recourse in this matter.

I would appreciate any suggestions you might have to see Justice done in this matter. He is sure to perpetuate this kind of thing again as he is a very convincing liar(I have since caught him in several lies, unrelated to this issue)He claims to be a pious Muslim who would never lie and has always insisted he was telling me the truth

Sincerely,
Arlene Lokomowitz
lokomowi4@aol.com

Regarding senet, I would say you have a legal recourse provided the debtor's name, address, signature and the drawing date are indicated on it. Notarization is not necessary. However, regarding the loan, as a Turkish legal principle, transfer of money through bank is deemed as paying your own debt. Therefore, you must prove that the amounts transferred to him were made under loan. You may rely on the e-mail correspondances to prove that the payments were related with loan but e-mail correspondance is not a conclusive evidence. Furthermore, there is a limitation period of one year for such claims of unjust enrichment in Turkish Law but the judge will not take it into account unless it was raised by the debtor.