This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İtirazın İptali Davası ve İcra İnkâr Tazminatı.
When the debtor objects to a payment order the proceedings stop, and the creditor has two routes: an action for annulment of the objection (İİK art. 67) or an application for its removal (İİK art. 68). Which is available depends on the document you hold. If the creditor succeeds, compensation of not less than 20 per cent may be awarded against the debtor; if the creditor is found to have pursued the claim in bad faith, against the creditor.
You started enforcement, the debtor objected in time, and the proceedings stopped. What follows depends on a choice that shapes the outcome. İİK means the Enforcement and Bankruptcy Act No. 2004.
The Annulment Action
A creditor whose claim has been objected to may apply to the court within one year of service of the objection and, proving the existence of the claim under the general provisions, seek annulment of the objection.
That period is a forfeiture period. After a year the annulment action is no longer available; the creditor can only bring an ordinary claim, and the existing enforcement proceedings then lapse.
The action is heard by the ordinary courts under the general provisions. Any evidence may be adduced, and witnesses may be called.
That is its principal advantage: you can prove the claim even without a written document.
If the action succeeds the objection is annulled and the stayed proceedings resume from where they stopped — no fresh enforcement is needed.
Removal of the Objection
The alternative is to ask the enforcement court to remove the objection. That route depends on particular documents.
İİK art. 68: where the proceedings rest on an instrument containing an acknowledgement of debt whose signature is admitted or certified by a notary, or on a receipt or document issued by public offices or authorised bodies within their powers and in due form, the creditor may seek removal of the objection.
Its advantage is speed: the enforcement court decides on the file, quickly.
Its disadvantage is the limited examination: no witnesses are heard and only documents are considered. If your document does not fall within art. 68, the application is refused.
A refusal does not prevent an ordinary action; the enforcement court's decision does not create res judicata on the merits.
| Annulment | Removal | |
|---|---|---|
| Basis | İİK art. 67 | İİK art. 68 |
| Where | Ordinary court | Enforcement court |
| Period | 1 year from service of the objection | 6 months from service of the objection |
| Document required | Any evidence | The qualifying documents listed in the statute |
| Examination | Full trial | Limited, on the documents |
| Res judicata | Yes | No |
| Compensation | At least 20% | At least 20% |
Removal is faster but available only on qualifying documents — an acknowledgement of debt with an admitted or notarised signature, or an official receipt or document.
Compensation for Unjustified Objection
İİK art. 67/2: if the debtor's objection is found unjustified, the debtor — or, if the creditor is found to have pursued the claim wrongly and in bad faith, the creditor — is ordered to pay compensation on the other party's application.
The compensation may not be less than twenty per cent of the principal claim.
But there is an important condition: the claim must be liquid — ascertained. On settled practice, no such compensation is awarded on claims whose amount or basis is disputed and requires trial.
That is worth allowing for when framing the claim: if it is not liquid, the request may be refused.
The same risk runs against the creditor: pursuing the claim wrongly and in bad faith exposes them to the same compensation on the debtor's application.
The request must be made expressly; it is not awarded of the court's own motion.
Which Route to Choose
One procedural point: an annulment action may, depending on the nature of the dispute, fall within compulsory mediation. Commercial claims and employment claims require an application to a mediator before filing.
By contrast, removal of the objection is not an action but an application to the enforcement court, and is not subject to that condition.
What to weigh:
- Do you hold a document within art. 68? If so, removal is faster.
- Do you need witnesses? If so, the annulment action is required.
- Is the claim liquid? If so, compensation can be sought.
- How much of the year is left? If the one-year period is approaching, file the annulment action.
A final warning: if the removal application is refused, the one-year period may expire while it is pending. Both timetables must be tracked together.
The annulment action must be filed within one year of service of the objection, and that period is a forfeiture period. Compensation is not less than twenty per cent of the principal, but the claim must be liquid and the request made expressly.
Frequently Asked Questions
How long do I have to bring an annulment action?
One year from service of the objection; the period is a forfeiture period.
When can I seek removal instead?
Where the proceedings rest on an acknowledgement of debt with an admitted or notarised signature, or an official receipt or document issued in due form.
Which is faster?
Removal. The enforcement court decides on the file, but no witnesses are heard and the examination is limited to documents.
How much is the compensation?
Not less than twenty per cent of the principal. The claim must be liquid and the request made expressly.
Is mediation required?
An annulment action may fall within compulsory mediation depending on the dispute. An application to remove an objection is not subject to it.