Enforcement Without Judgment

Also known as: Debt Collection Proceedings, Payment Order, Enforcement Proceedings, General Attachment, İlamsız İcra Takibi

Author Ali Gül

In short

Enforcement proceedings by way of general attachment started by a creditor without a court judgment, through the enforcement office sending a payment order to the debtor.

Enforcement without judgment is proceedings started by a creditor without a court judgment to collect its claim through the enforcement office (Enforcement and Bankruptcy Law Art. 58 et seq.). It is the most commonly used route for unpaid invoices and contractual claims; it is faster and cheaper than litigation.

Process

Enforcement request: The creditor applies to the enforcement office stating the amount and cause of the claim. No supporting document is required at this stage.
Payment order: The enforcement office sends the debtor a payment order.
Objection period: The debtor may object within seven days of service.
Finality and attachment: If no objection is made in time, the proceedings become final and the creditor may request attachment of the debtor’s assets.

The Debtor’s Objection

The debtor’s objection stops the proceedings. The debtor may object to all or part of the debt, the signature or the creditor’s right to enforce. No reasons are required, so objections are common in practice.

The Creditor’s Options After Objection

Removal of objection: If the claim is based on documents listed in the law, such as an acknowledged private deed or an official document, the creditor may ask the enforcement court to remove the objection. The period is six months.
Action for annulment of objection: The creditor may sue in the general courts within one year of service of the objection. If successful, bad faith denial compensation may be awarded against the debtor.

Protection of the Debtor

A debtor who believes it owes nothing may file a negative declaratory action before or after enforcement. A creditor who brings unjustified proceedings in bad faith may also be ordered to pay compensation.

Strategy

If there is a risk of the debtor hiding assets, the creditor should consider obtaining precautionary attachment before enforcement.
For claims based on bills of exchange (cheques, promissory notes), the special enforcement route for negotiable instruments, with shorter objection periods, is more effective.
Enforcement proceedings interrupt limitation.

Frequently Asked Questions

How long does the debtor have to object to a payment order?

The debtor may object to the enforcement office within seven days of service of the payment order. The objection may concern all or part of the debt or the signature. If no objection is made in time, the proceedings become final and move to the attachment stage.

What can the creditor do if the debtor objects?

The debtor's objection stops the proceedings. If the claim is based on certain documents, the creditor may ask the enforcement court to remove the objection; if not, it may file an action for annulment of objection in the general courts. For commercial claims, mediation is required before an action for annulment of objection.

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