Deadlines and Procedure
Two questions come up in every enforcement and condominium file: how long will this take, and what must I do within how many days. Both answers are below.
How an ordinary enforcement proceeding runs
The route taken for a claim that is not backed by a court judgment. The periods below are statutory maxima; a given file often calls for moving sooner.
-
Request for enforcement
The creditor files the request with the enforcement office and pays the fees. The type of proceeding is chosen here and cannot be changed later.
EBL art. 58
- 7 days Objection
Payment order
The office issues the payment order and serves it on the debtor. All periods run from the date of service.
EBL art. 62
- 7 days Asset declaration
Objection or finality
A timely objection suspends the proceeding. Without one, the proceeding becomes final and attachment follows.
EBL art. 74
- 6 mo / 1 year Filing period
Lifting or annulling the objection
Depending on the document held, the creditor asks the enforcement court to lift the objection or the general court to annul it.
EBL art. 67-68
- 1 year Request period
Attachment
Real property, vehicles, bank accounts and third-party receivables of the debtor are attached.
EBL art. 78
- 1 year Sale request
Valuation and sale
The attached asset is valued and then offered for sale electronically.
EBL art. 106
-
Collection
Sale proceeds or attached funds are distributed among creditors, according to the ranking schedule where one exists.
EBL art. 138
The last days in your own file
The ladder above gives the statutory maxima. Enter the date the payment order was served and we will map out the last day for each step.
The route the payment or enforcement order was issued under.
The day the order was served on the debtor. Periods start running the following day.
Needed only for the sale deadline. Leave empty if nothing has been attached yet.
Enter the date of service and the critical days will be listed here.
- 7 DAYS
Objection to the payment order
—
Filed with the enforcement office. A timely objection stays the proceeding automatically.
EBL art. 62 - 5 DAYS
Objection to the debt or jurisdiction
—
Filed with the enforcement court; on its own it does not stay the proceeding.
EBL art. 168 - 5 DAYS
Objection to the signature
—
Denial of the signature must be stated separately and expressly, or it is treated as accepted.
EBL art. 170 - 7 DAYS
Time to comply with the enforcement order
—
Within this period the debtor must pay or apply to have enforcement stayed.
EBL art. 32 - 7 DAYS
Application to stay enforcement
—
Made to the enforcement court where payment, postponement or limitation is alleged.
EBL art. 33 - 7 DAYS
Declaration of assets
—
Failing to declare assets in time is a ground for coercive detention.
EBL art. 74 - 10 DAYS
Declaration of assets
—
On a negotiable instrument the period for declaring assets is ten days.
EBL art. 168 - 1 YEARS
Request for attachment
—
If attachment is not requested within a year the file lapses and must be started again.
EBL art. 78 - 6 MONTHS
Removal of the objection
FROM SERVICE OF THE OBJECTION
Sought in the enforcement court; the period runs from service of the objection on the creditor.
EBL art. 68 - 1 YEARS
Action to annul the objection
FROM SERVICE OF THE OBJECTION
Brought in the ordinary courts. If it succeeds, denial compensation may be claimed.
EBL art. 67 - 10 YEARS
Limitation of the judgment
FROM THE JUDGMENT BECOMING FINAL
The right to enforce a judgment lapses ten years after it becomes final.
EBL art. 39 - 1 YEARS
Request for sale
—
If a sale is not requested within a year of the attachment, the attachment falls away.
EBL art. 106
The periods are the statutory maxima under the Enforcement and Bankruptcy Act (no. 2004) and run from the day after service. The calculation only rolls weekends forward to the next working day; public holidays, judicial recess and the validity of service must be assessed separately. This tool is not legal advice.
Condominium thresholds and deadlines
The validity of an estate resolution is usually argued over its voting threshold before its content. The figures below come from Condominium Law no. 634.
| Subject | Threshold | Note | Basis |
|---|---|---|---|
| Amending the management plan | 4/5 | Votes of four fifths of the owners | CL art. 28 |
| Construction, repair or installation in common areas | 4/5 | The same qualified majority applies | CL art. 19 |
| Ordinary assembly meeting | January | First month of the calendar year if the plan is silent | CL art. 29 |
| Second meeting where quorum fails | 15 days | No later than fifteen days after the first | CL art. 30 |
| Annulment of a resolution | 1 month | One month from learning of it, six months from the resolution | CL art. 33 |
| Default compensation on common expenses | 5% | Five per cent per month over the days in default | CL art. 20 |
| Tenant's liability for common expenses | Joint | Jointly with the owner, capped at the rent payable | CL art. 22 |
Thresholds for your own building
The table above gives the fractions in the Act. Enter the number of independent units and we will turn them into a headcount.
Every flat, shop and office in the building.
The denominator in your management plan. Leave 1000 if unknown.
24 independent units, amending the management plan takes 20 owners voting in favour.
- 1/2 + 1
Quorum — first meeting
13 OWNERS 501 LAND SHARE
More than half of the owners, counted both by head and by land share.
CL art. 30 - THOSE PRESENT
Second meeting
NONE
Held within fifteen days if the first fails; a simple majority of those present decides.
CL art. 30/3 - 4/5
Amending the management plan
20 OWNERS
Four fifths of all owners. Absentees stay in the denominator.
CL art. 28 - 4/5
Altering the building or common areas
20 OWNERS
Construction, repair and installation in common areas need the same heavy majority.
CL art. 19 - 4/5
Compelled transfer of a unit
19 OWNERS
Against an owner who has become intolerable; that owner is excluded from the count.
CL art. 25
This tool applies the fractions in the Turkish Condominium Act (no. 634) to the figure you enter; it is not legal advice. Your management plan may set a higher threshold and other provisions may apply to your case.