Turkish enforcement can begin without a court judgment. The corollary is that the debtor can stop it with a bare objection — which makes the first seven days decisive for both sides.
The Turkish pages cover this subject at greater length, with worked examples and petition templates: İcra ve İflas Hukuku.
Proceedings Without Judgment
A creditor may open enforcement proceedings on the basis of a claim alone. The enforcement office issues a payment order, which is served on the debtor.
The debtor may object within seven days of service, without giving reasons. A timely objection stays the proceedings automatically. Where the claim rests on a bill of exchange — a promissory note or cheque — the period is five days and the grounds of objection are narrower.
If no objection is made, the proceedings become final and attachment may be requested.
Overcoming an Objection
Once an objection is filed the creditor must take one of two routes:
- Removal of the objection before the enforcement court, available where the claim rests on a document of the kind specified by law. It is faster but limited in the evidence admissible.
- Annulment of the objection before the ordinary court, a full action in which all evidence may be presented, brought within one year.
Where the creditor succeeds in an annulment action and the claim is liquid, compensation of not less than twenty per cent of the principal may be awarded against the debtor for the unjustified objection. It must be claimed expressly.
Attachment
Attachment may cover bank accounts, vehicles, real estate, receivables from third parties and salary. Salary is protected: after deducting what is necessary for the debtor's and their family's subsistence, not less than one quarter of the remainder may be attached. Maintenance claims are exempt from that limitation and rank first.
Certain assets cannot be attached at all, and pensions are in principle exempt unless the debtor has given written consent or the claim is for maintenance.
Where property belonging to a third party is attached at the debtor's address, the third party must raise an ownership claim, in writing and within seven days of learning of the attachment.
Where There Are No Assets
If attachment produces nothing, the enforcement office issues a certificate of insolvency. It records that the claim could not be satisfied and allows renewed proceedings against the debtor for twenty years without a fresh payment order.
Interest ceases to accrue on a claim recorded in such a certificate. Where assets were transferred away before enforcement, an action to set aside the disposition may be considered.
Frequently Asked Questions
No. Proceedings may begin on the basis of a claim; the debtor may object within seven days, which stays them.
Either removal of the objection before the enforcement court, where the claim rests on a qualifying document, or an annulment action before the ordinary court within one year.
Not less than one quarter of what remains after the subsistence portion is set aside. Maintenance claims are not subject to that limit.
Raise an ownership claim in writing within seven days of learning of the attachment, and ask the enforcement court to stay the sale.