Enforcement & Bankruptcy Attorney in Cerkezkoy

How Do Enforcement Proceedings Work?

Depending on the type of claim, enforcement proceeds with a judgment, without a judgment, or through the special procedure for bills of exchange. Choosing the right route and tracking the deadlines directly affects how quickly the debt is collected.

1. Request for enforcement: The claim documents are reviewed, the appropriate route is chosen and the request is filed with the enforcement office.
2. Payment or execution order: A payment order or execution order is served on the debtor.
3. Objection periods: In proceedings without a judgment, the debtor may object within 7 days of service of the payment order (Enforcement and Bankruptcy Law art. 62); for bills of exchange the period is 5 days (art. 168).
4. Removing the objection: If the debtor objects, the creditor can apply for removal of the objection (6 months) or file an action for annulment of the objection (1 year) (arts. 67, 68).
5. Attachment and sale: Once the proceedings are final, the debtor's movable and immovable property, bank accounts and salary are attached and, if necessary, sold.

Key Points for Creditors and Debtors

• If the objection is found to be unjustified in an annulment action, the debtor may be ordered to pay enforcement denial compensation of at least 20% of the claim.
• Before filing an annulment action against an objection to a commercial claim, mediation is mandatory (Turkish Commercial Code art. 5/A).
• A person facing proceedings for a debt they do not owe can file a negative declaratory action; if payment has already been made, a restitution action can be filed within one year.
• Certain assets such as household goods and tools needed for one's profession cannot be attached (art. 82), and attachment of salaries is limited to the statutory rate.
• For the stages in detail, see our debt collection and enforcement guide.

Frequently Asked Questions