Debt Enforcement and Insolvency
Turkish enforcement law is, above all, a law of deadlines. A missed objection period makes the debt final; an attachment not requested in time causes the file to lapse. The office decides at the outset which type of proceeding fits the claim, then runs the file against a deadline calendar.
Work handled in this area
- Filing proceedings with or without judgment, and proceedings specific to negotiable instruments
- Objections to payment orders; actions to annul or lift an objection
- Precautionary attachment and injunction requests
- Attachment, valuation and forced-sale stages
- Third-party claim, release-from-debt and negative declaratory actions
- Enforcement-criminal files (breach of undertaking, failure to declare assets)
- Creditor representation in bankruptcy and composition proceedings
How an ordinary proceeding runs
The periods below are statutory maxima; a given file often calls for moving sooner.
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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
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Collection
Sale proceeds or attached funds are distributed among creditors, according to the ranking schedule where one exists.
EBL art. 138
Tools for this area
Turn the statutory fractions and periods into the figures for your own file. Nothing you enter is sent to us.
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
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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
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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.
Most asked in this area
A payment order was served on me. How long do I have?
In an ordinary proceeding you have 7 days from service to object at the enforcement office; otherwise the proceeding becomes final and attachment follows. For proceedings based on negotiable instruments the period is 5 days and the objection goes to the enforcement court.
I objected. What can the creditor do?
The objection suspends the proceeding. Depending on the document held, the creditor may ask the enforcement court to lift the objection (within 6 months) or bring an action to annul it before the general court (within 1 year). An unfounded objection can trigger compensation for denial of debt.
The debtor appears to own nothing. Is enforcement pointless?
No. Asset searches through the national judicial system cover real property, vehicles, bank accounts and receivables, and rights held by third parties can also be attached. Keeping the file open also reaches assets acquired later.
I filed the proceeding but took no action for a long time.
Dormant files lapse. Attachment must be requested within 1 year of the payment order becoming final, and sale within 1 year of the attachment.
Do you have a file on this?
Describe it briefly and we will discuss the right route and the deadline position at the first meeting.