How to Object to Enforcement Proceedings in Turkey? (Watch the 7-Day Deadline)
In enforcement proceedings without a judgment, a written objection must be filed with the enforcement office within 7 days of service of the payment order. An objection halts the proceedings; if the deadline is missed, the proceedings become final and seizure begins.
When you learn that enforcement proceedings have been initiated against you, the first thing you must do is note the date the payment order was served. This is because the 7-day objection period begins to run from service, and if it is missed, the proceedings become final even if you are not actually the debtor.
Objection Period and Venue
- Proceedings without a judgment (general seizure route): A written objection must be filed with the enforcement office where the proceedings were initiated, within 7 days of service.
- Proceedings based on a negotiable instrument (check, promissory note): An objection to the debt must be filed with the enforcement court within 5 days; an objection to the signature must be filed within the same period.
- Proceedings based on a judgment: These are not halted by an objection; however, there are means of staying enforcement.
Types of Objection
- Objection to the debt: "I owe nothing / not this much / it is not yet due" — in a partial objection, the amount being objected to must be clearly stated.
- Objection to the signature: If the signature on the instrument is not yours, an objection to the signature must be raised separately and explicitly; otherwise the signature is deemed accepted.
- Objection to jurisdiction: If the proceedings were initiated at an enforcement office that lacks jurisdiction.
- Objection to interest: If the interest rate claimed or the accrued interest amount is incorrect.
What Happens After the Objection?
Once the objection is filed, the proceedings are halted. From this point, the ball is in the creditor's court:
| Creditor's route | Time limit | Competent authority |
|---|---|---|
| Action for annulment of the objection | 1 year | General court |
| Removal of the objection (final) | 6 months | Enforcement court |
If the creditor does not act within these periods, the proceedings remain where they stand.
Against Unjust Proceedings: Negative Declaratory and Restitution Actions
- Negative declaratory action: May be filed before or after the proceedings to establish that you are not the debtor. If filed after the proceedings, an interim measure may be requested — with security of 115% — to prevent the money in the enforcement office's account from being paid to the creditor.
- Restitution action: If you were forced to pay without having been able to object, you may seek the return of that payment within 1 year from the date of payment.
The Cost of Bad-Faith Proceedings
If, in an action for annulment of the objection, the creditor is found to be in the wrong and is found to have acted in bad faith in the proceedings, bad-faith compensation of not less than 20% may be awarded in the debtor's favor. Likewise, a debtor who objects without justification may face compensation for denial of debt — the decision to object must be made with this risk analysis in mind.
Summary
- Objection in proceedings without a judgment: within 7 days, to the enforcement office, in writing.
- In proceedings based on a negotiable instrument: within 5 days, to the enforcement court.
- An objection halts the proceedings; if the creditor does not file suit within 6 months/1 year, the proceedings do not advance.
- If the deadline has been missed: a negative declaratory action or a restitution action.
Sources
- Enforcement and Bankruptcy Law No. 2004, Arts. 62-72 — Objection and its consequences
- Notification Law No. 7201 — Service procedure
Frequently Asked Questions
This article has been prepared for general information purposes only and does not constitute legal advice. Legislation and case law may change; always consult a lawyer about your specific case.