The first decision in collecting a debt through enforcement is which route to use. The law provides three, and their payment periods, the authority before which objection is made and the effect of that objection all differ. Choosing the wrong route usually means starting again.
The subject is governed by Enforcement and Bankruptcy Law No. 2004. Below we set out the three routes, the mechanism for objecting to a payment order, and the two separate actions open to the creditor once an objection has been made.
The three routes
The choice depends on the document you hold and on the debtor's position.
| Ordinary enforcement | Negotiable instruments | Enforcement of a judgment | |
|---|---|---|---|
| Basis | No document required; an invoice, contract or current account suffices | Cheque, bill of exchange or promissory note | A court judgment or a document equivalent to one |
| Payment period | Seven days | Ten days | Seven days |
| Objection made to | The enforcement office | The enforcement court | No route of objection |
| Period for objection | Seven days | Five days | — |
| Effect of objection | Stops the proceedings | Does not stop steps other than sale | — |
The decisive line in that table is the last. On the ordinary route a single petition from the debtor halts the process, whereas on the negotiable-instrument route the proceedings continue. That is the principal reason a creditor holding a cheque or promissory note prefers the latter.
Ordinary enforcement: the payment order
Where the enforcement officer finds that the request meets the statutory requirements, a payment order is issued. It is sent for service within three days of the request at the latest.
The payment order warns the debtor: to pay the debt and costs within seven days; that if the signature on the instrument is not theirs, this must be stated separately and expressly within the same period; that any objection to the debt or to the creditor's right to proceed must likewise be made within that period; that if no objection is made they must file a declaration of assets within seven days; and that if the debt is not paid and no objection is made, enforcement will continue.
How an objection is made
A debtor wishing to object must notify the objection to the enforcement office, by petition or orally, within seven days of service of the payment order. The objection is notified to the creditor within three days.
The law contains two traps here:
- A partial objection must state the amount. A debtor objecting to part of the debt must clearly state which part and how much. Otherwise no objection is deemed to have been made.
- Denial of a signature must be stated separately and expressly. A debtor denying the signature on the instrument must say so separately and expressly in the objection. Otherwise the signature is deemed accepted for the purposes of the enforcement proceedings.
The debtor must also give an address within Türkiye for the purposes of the proceedings. Where a debtor changes address without notifying a new one and no new address can be established, service at the address in the enforcement request is deemed to have been effected on them.
There is a limited remedy for a debtor who could not object in time: one prevented by an obstacle through no fault of their own may object until the realisation process is complete. They must, however, state their excuse with supporting evidence within three days of the obstacle ceasing.
The effect of objection, and the creditor's two routes
An objection made in time stops the proceedings. Where the debtor has objected to only part of the debt, the proceedings continue for the amount admitted.
At this point two separate routes open to the creditor. They lie before different courts, with different time limits and different rules of proof. The choice depends on the nature of the document you hold.
| Annulment of the objection | Removal of the objection | |
|---|---|---|
| Before which court | The general court | The enforcement court |
| Time limit | One year from notification of the objection | Six months from notification of the objection |
| Document requirement | None; the existence of the debt is proved under the general rules | Must rest on one of the documents listed in the law |
| Examination | Full proceedings under the general rules | Limited examination on the documents |
| Compensation | Not less than twenty per cent | Not less than twenty per cent |
Action for annulment of the objection
A creditor whose enforcement request has been objected to may, within one year of notification of the objection, apply to the court and seek annulment of the objection by proving the existence of the debt under the general rules.
Where the debtor's objection is held to have been unjustified, the debtor — or, where the creditor is found to have proceeded unjustifiably and in bad faith, the creditor — is ordered, on the other party's request, to pay appropriate compensation of not less than twenty per cent. This is known in practice as denial-of-enforcement compensation, and in fixing it the claim in the enforcement request or in the action is taken as the basis.
A creditor who lets the one-year period pass retains the right to sue for the debt under the general rules. Missing the period therefore does not extinguish the debt; but the enforcement proceedings fall away and the possibility of denial-of-enforcement compensation is lost with them.
Removal of the objection
This route depends on the creditor holding a document of the kind listed in the law: an instrument containing an acknowledgement of debt whose signature has been admitted or certified by a notary, or a receipt or document issued by public offices or competent authorities within their powers and in due form.
A creditor holding such a document may, within six months of the objection being notified to them, apply to the enforcement court for removal of the objection. Where the debtor can produce no document substantiating the objection, the court orders its removal.
Where the instrument relied on is a private document and the signature was denied in the objection, the creditor may, again within six months, seek provisional removal of the objection. The enforcement court examines the signature and, if satisfied that the denied signature is the debtor's, orders provisional removal.
On both routes, where the application is granted on grounds going to the merits the debtor, and where it is refused on those grounds the creditor, is ordered on the other party's request to pay compensation of not less than twenty per cent.
Enforcement on negotiable instruments
A creditor whose claim rests on a cheque, bill of exchange or promissory note may proceed under the special rules of this route by attachment — or, where the debtor is subject to bankruptcy, by bankruptcy — even if the claim is secured by a pledge. The original instrument, and certified copies equal to the number of debtors, must accompany the request.
Where the enforcement officer finds that the instrument is a negotiable instrument and that it has fallen due, a payment order is issued warning the debtor to pay the debt and costs within ten days. The debtor is also notified of the following periods:
- Five days to complain to the enforcement court if the instrument does not qualify as a negotiable instrument.
- Five days to notify the enforcement court, expressly and by petition, that the signature is not theirs.
- Five days to notify the enforcement court, with reasons, that they are not indebted, that the debt has been discharged or time granted, that the claim is time-barred, or that there is an objection to venue.
The place and effect of objection differ on this route: the objection is made to the enforcement court, not the enforcement office, and it does not stop enforcement steps other than sale. The judge calls the parties to a hearing within thirty days at the latest and allows the objection where it is proved by an official document or one whose signature has been admitted that the debt does not exist or has been discharged or deferred.
On an objection to the signature, the enforcement court may, if it considers the objection serious, order a provisional stay of the proceedings on the papers without notifying the creditor. Where the denied signature turns out to be the debtor's, the debtor is ordered to pay compensation of not less than twenty per cent and a fine of ten per cent of the claim.
Enforcement of a judgment
A creditor holding a court judgment, or a document equivalent to one, proceeds by enforcement of a judgment. Where a judgment for a sum of money or for security is lodged with the enforcement office, an execution order is served on the debtor.
The execution order states the nature and amount of what has been awarded and warns that it must be paid within seven days. The distinguishing feature of this route is that the debtor has no right of objection. To halt the proceedings they must obtain a decision staying execution from the enforcement court, or from the relevant court on appeal, cassation or retrial.
Judgments for delivery of movable property likewise carry a seven-day execution order; if the debtor does not deliver, the property is taken from them by force, and if it is not in their possession the value stated in the judgment is collected by attachment.
The attachment stage
Once the period in the payment order has passed — and, where the debtor has objected, once the objection has been removed — the creditor may request attachment without waiting for the declaration of assets.
An amendment made in 2020 gives the creditor a further option: without making an attachment request, they may query the debtor's property, rights and receivables through the National Judiciary Informatics System (UYAP). The system reports the nature and detail of any such assets, and attachment may be requested through the same system; the enforcement office then attaches the identified property, right or receivable electronically.
Frequently asked questions
- I only have an invoice — can I bring proceedings? Ordinary enforcement requires no document; proceedings can be commenced on an invoice, a contract or a current-account statement. If the debtor objects, the proceedings stop and proof of the debt becomes the issue.
- The debtor objected — is that the end? No. Within one year of notification of the objection you may bring an action for annulment; if you hold one of the documents listed in the law, you may seek removal within six months.
- Annulment or removal? If your document is of the kind listed in the law, removal is quicker. If there is no such document, or its character is arguable, an action for annulment is brought in the general court.
- How much is denial-of-enforcement compensation? The law provides for appropriate compensation of not less than twenty per cent of the sum awarded.
- I hold a cheque — which route? Cheques, bills of exchange and promissory notes are suited to the negotiable-instrument route. There the period for objection is five days and objection does not stop steps other than sale.
- I am the debtor and missed the period — what can I do? If an obstacle prevented you through no fault of your own, you may make a late objection by stating your excuse with evidence within three days of the obstacle ceasing.
- Can I object to part of the debt? Yes, but you must clearly state which part and how much; otherwise no objection is deemed to have been made.
- I hold a judgment — can the debtor still object? There is no route of objection on a judgment. To halt the proceedings the debtor must obtain a decision staying execution.
- How long do I have to request attachment? The right lapses one year after service of the payment order.
- How will the debtor's assets be found? The law allows the creditor to query the debtor's property, rights and receivables through UYAP and to request electronic attachment through the same system.
How we work on these files
Before proceedings begin we assess the nature of the document you hold and identify the appropriate route, taking advantage of the negotiable-instrument route where the instrument allows. If an objection follows the payment order, we choose between the six-month and the one-year route according to whether your document supports removal of the objection, and we track the periods file by file. At the attachment stage we query the debtor's property, rights and receivables and conduct the attachment; in portfolios made up of large numbers of files we track periods and stages collectively.