This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İcra Takibine İtiraz: Haklarınızı Nasıl Korursunuz?.
The period that starts running when a payment order reaches you depends on the type of proceedings: seven days in enforcement without a judgment, and five days in enforcement founded on a negotiable instrument. In enforcement without a judgment an objection stays the proceedings automatically; in proceedings on a negotiable instrument it does not, and a stay must additionally be obtained from the enforcement court.
An enforcement officer may one day appear at your door, or a payment order may arrive by post. Rather than panicking, knowing your rights allows you to manage the process properly. Objecting is the most basic and most effective way a debtor can defend themselves — but the right is confined to very short periods, and acting late can cost the right altogether.
What Are Enforcement Proceedings?
Enforcement proceedings begin when a creditor applies to the enforcement office to collect a debt by means backed by the coercive power of the state. The process is governed by the Enforcement and Bankruptcy Act (Law no. 2004).
There are two basic routes:
- Enforcement upon a judgment. Proceedings founded on a court judgment, a notarial deed or another document having the force of a judgment. Here the debtor cannot object directly, but may apply to the court for a stay of enforcement.
- Enforcement without a judgment. Proceedings begun by applying directly to the enforcement office without any court decision. They can be started even where the creditor holds only a document or some other evidence. This is the most common route, and it gives the debtor a right of objection.
In enforcement without a judgment the enforcement office, at the creditor's request, serves a payment order on the debtor. From that point the debtor's statutory period for objecting begins to run.
What Should You Do When a Payment Order Arrives?
You must object within 7 days of service of the payment order. If you miss that period the proceedings become final, and the creditor may go on to attach property, garnish your salary or freeze your bank account. The 7-day period is a forfeiture period: once it expires, the right to object cannot be recovered by any route, including the courts.
The objection is made in writing to the relevant enforcement office, either by the debtor in person or by a lawyer holding a power of attorney. An oral objection is not valid. Stating clearly in the petition what is being disputed matters a great deal, because it strengthens the legal position in any subsequent action.
The most important effect of an objection is that it stays the proceedings. Enforcement stops, and from that point the creditor must go to court in order to collect.
What Types of Objection Are There?
Depending on the circumstances, a debtor may use different routes:
1. Objection to the debt
The debtor disputes all or part of the debt claimed: “I never owed this”, “there was no such debt”, or “I paid part of it and dispute the balance”. This is the most common form. An objection to the debt need not be directed at the existence of the debt alone; interest, the due date or the method of calculation may also be disputed.
2. Objection to venue
Raised where the creditor has begun the proceedings before an enforcement office other than that of the debtor's residence or the place agreed in the contract. It may be raised within the 7-day period, either together with an objection to the debt or separately. If it succeeds, the file is transferred to the enforcement office with jurisdiction.
3. Objection to the signature
Where the debtor asserts that the signature on the instrument is not theirs. In enforcement without a judgment this objection is made to the enforcement office within the ordinary 7-day period. In proceedings founded on a negotiable instrument, however, it must be made to the enforcement court within 5 days, and it does not by itself stay the proceedings.
| Objection | Where and when | Effect |
|---|---|---|
| Objection to the debt (without a judgment) | Enforcement office, 7 days | Proceedings stayed |
| Objection to the signature (ordinary deed) | Enforcement office, 7 days | Proceedings stayed |
| Objection to venue | Enforcement office, 7 days | Venue is examined |
| Objection to the debt (negotiable instrument) | Enforcement court, 5 days | Proceedings not stayed automatically |
| Objection to the signature (negotiable instrument) | Enforcement court, 5 days | Proceedings not stayed automatically |
| Late objection | Enforcement court, 3 days from the removal of the impediment | If allowed, proceedings are stayed |
| Complaint (unlawfulness of an act) | Enforcement court, 7 days | The act may be annulled |
If part of the debt is admitted, the admitted amount must be stated expressly; otherwise the objection may not be treated as extending to the whole.
What Is an Action to Set Aside the Objection?
When the debtor's objection stays the proceedings, the creditor has two options: an action to set aside the objection, or an application for removal of the objection before the enforcement court.
An action to set aside the objection is one in which the creditor seeks to establish before the ordinary court that the debtor's objection was unjustified. The creditor must bring it within 1 year; if that period passes the right of action is lost and the creditor must start fresh proceedings.
Two outcomes are possible:
- If the court holds the objection unjustified, the debtor may be ordered to pay compensation for wrongful denial in enforcement at 20 per cent of the sum awarded.
- If the court finds that the creditor was not entitled, the creditor may be ordered to pay compensation for bad faith at 20 per cent.
When Is an Action for a Negative Declaration Brought?
An action for a negative declaration is brought by a debtor asserting “I do not owe this debt” and seeking a judicial finding on whether the debt exists. It may be brought before or after enforcement proceedings begin.
Where it is brought while enforcement is under way, the debtor may be required to provide security in order to have the enforcement suspended. If the court holds that no debt exists, enforcement stops, the security is returned, and the creditor may be ordered to pay damages for wrongful enforcement.
The action is a valuable tool in particular where it is said that the debt never arose, that it has been paid, or that it is time-barred; and where the signature on the instrument is forged or the amount has been altered. If the money has already been collected, the appropriate remedy is instead an action for restitution.
“The debtor may object to the creditor's claim before the enforcement office within seven days of service of the payment order.” — Enforcement and Bankruptcy Act, Article 62
Which Property Is Exempt from Attachment?
Even where the proceedings become final and attachment follows, the law protects certain assets:
- Essential household goods. Items essential to the family's daily life (a bed, a refrigerator, a cooker and similar basic necessities) are exempt.
- Part of the salary. Apart from maintenance debts, no more than one quarter of an employee's wage may be attached, and the enforcement officer must leave the debtor enough to support themselves and their dependants.
- Social security and pension income. Social security benefits, retirement pensions and disability income are largely exempt, subject to certain exceptions.
- Tools of a trade. Tools, machinery and equipment essential to the work by which the debtor earns a living are exempt.
Once the seven days from service of the payment order have passed, the right to object cannot be exercised again. Take legal advice without delay after a payment order is served.