Quick summary: To collect a debt, you can start enforcement proceedings without a court judgment directly, with no prior court decision required. If the debtor does not object to the payment order within 7 days, the proceedings become final and move on to the seizure stage. If the debtor objects, the creditor can pursue annulment of the objection (within 1 year, before a general court) or removal of the objection (within 6 months, before the enforcement court). A debtor who objects without justification pays 20% enforcement denial compensation.
What Are Enforcement Proceedings?
Enforcement proceedings are the process of collecting a debt by force through the power of the state (enforcement offices). They are governed by the Enforcement and Bankruptcy Law (İİK). In Turkey, you do not first have to file and win a lawsuit in order to start enforcement proceedings; proceedings without a court judgment can be started even if you hold a promissory note, an invoice, a contract, or no document at all. Whether or not the debtor objects determines the direction the process takes.
Types of Enforcement Proceedings
| Type of Proceeding | Basis | Objection Period | Payment Period |
|---|---|---|---|
| Proceedings without a judgment via general seizure | No document requirement (invoice, contract, current account) | 7 days | 7 days |
| Proceedings specific to negotiable instruments | Promissory note, check, bill of exchange | 5 days | 10 days |
| Proceedings based on a judgment | Court decision, document with the force of a judgment | No objection (7 days for payment/statute of limitations claims) | 7 days |
| Eviction of leased property | Lease agreement | 7 days | 30 days |
Enforcement Proceedings Step by Step for the Creditor
1. Enforcement Request and the Competent Enforcement Office
As a rule, proceedings begin with an enforcement request submitted to the enforcement office at the debtor's place of residence. If the contract contains a jurisdiction clause or the place of performance is different, the enforcement office at that location is also competent. The enforcement request can also be submitted electronically through a lawyer via UYAP. The request includes the creditor's and debtor's details, the amount of the debt, the interest start date and rate, the type of proceeding, and the supporting document, if any. The advance fee and notification costs are paid.
2. Service of the Payment Order
The enforcement office sends the debtor a payment order. The payment order states that the debt must be paid within 7 days (10 days for negotiable instruments), and warns that, if no objection is filed, the debtor must submit an asset declaration and seizure will be carried out. The deadlines run from the date of service; improper service prevents the deadlines from starting and is an important defense point in the debtor's favor.
3. Finalization of the Proceedings and Seizure
If no objection is filed on time, the proceedings become final. The creditor requests seizure: bank accounts (electronic seizure via UYAP), salary, vehicles, real estate, company shares, receivables held by third parties (seizure notice under İİK Art. 89), and household or workplace goods can be seized. The seized assets are sold and the debt is collected from the proceeds.
Assets that cannot be seized: The debtor's and their family's essential household items, the tools and equipment needed to continue their profession, pension payments (absent consent), three quarters of salary, and other assets listed in İİK Art. 82 cannot be seized. In the event of unjustified seizure, a complaint is filed with the enforcement court.
The Debtor's Objection to the Payment Order
The debtor can object to the whole debt, part of it, the interest, the signature, or the jurisdiction of the enforcement office. The objection is made to the enforcement office in writing or orally; giving reasons is not mandatory, but an objection to the signature must be stated explicitly, otherwise the signature is deemed accepted. An objection made on time automatically suspends the proceedings.
If the deadline was missed: If the debtor was unable to object through no fault of their own (illness, natural disaster, etc.), they can request a late objection from the enforcement court within 3 days after the obstacle ends. In addition, in finalized proceedings, the debtor can file a negative declaratory action to establish that the debt does not exist, or, if the debt has been paid, a restitution action.
The Creditor's Options When an Objection Is Filed
Action for Annulment of the Objection (İİK Art. 67)
The creditor files an action for annulment of the objection before a general court within one year of service of the objection. If the case is won, the proceedings continue and, because the objection was unjustified, the debtor is ordered to pay enforcement denial compensation of at least 20% of the debt. If the creditor's proceedings were unjustified and in bad faith, compensation at the same rate is imposed on the creditor.
Removal of the Objection (İİK Art. 68-68/a)
If the creditor holds one of the documents listed in İİK Art. 68, such as a private document whose signature has been acknowledged, a notarized deed, a document issued by official authorities, or a loan agreement, they can request the definitive removal of the objection from the enforcement court within six months. This route is faster but subject to a narrower review.
The Obligation to Declare Assets
A debtor who has neither objected to the payment order nor paid the debt must submit an asset declaration to the enforcement office within 7 days. Failing to submit an asset declaration or giving a false declaration is subject to criminal sanctions under İİK Arts. 337 and 338.
Statute of Limitations in Enforcement Proceedings
Proceedings must be started within the limitation period applicable to the debt: 10 years for general debts, 5 years for periodic receivables such as rent and interest, 3 years from the maturity date for promissory notes, and 3 years from the end of the presentment period for checks. Starting proceedings interrupts the limitation period; however, if the file remains inactive for one year, the proceedings lapse and must be renewed.
Frequently Asked Questions
How many days do you have to object to a payment order?
7 days in proceedings without a judgment via general seizure, 5 days in proceedings based on a negotiable instrument; there is no objection route in proceedings based on a judgment.
How much of a salary can be seized?
At most one quarter of the salary; this limit does not apply to alimony claims. Pension payments cannot be seized without the debtor's consent.
Can bailiffs come to your home for seizure?
Seizure can be carried out at the debtor's place of residence; however, essential household items (refrigerator, washing machine, sofa set) cannot be seized. Items beyond one of each serving the same purpose can be seized.
Unable to collect your receivable, or have you received a payment order? The deadlines are short; once the 7-day objection period is missed, it is hard to turn back. Request a consultation at our office in Bakırköy or explore our Enforcement and Bankruptcy Law services.
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Av. Kasım Ergün — Founder of Avrasya Law Office. Practices law in Bakırköy, Istanbul, in the fields of family, employment, criminal, real estate and enforcement law. Our Team
This article is for general information purposes only and does not constitute legal advice. Legislation and case law may change; please consult a lawyer for your specific situation.
