How is a Receivable Enforced in Turkey?

Execution proceedings are a legal process in which a creditor applies to the state in order to collect a receivable and requests the state to use its enforcement power. These proceedings are carried out by enforcement offices. The basic legislation in the field of enforcement law in Turkey is the Enforcement and Bankruptcy Law No. 2004.

Enforcement proceedings are divided into two categories: enforcement with and without judgment. Enforcement proceedings initiated on the basis of a court decision are referred to as enforcement with judgment. In execution without judgment, there is no need to rely on any court decision or bill of exchange; this is a method used for any money receivable.

The main difference between enforcement with judgment and enforcement without judgment is that in enforcement with judgment, the debtor has no right of objection due to the existence of a court decision. The debtor cannot object that he/she does not owe any debt in a judgment enforcement proceeding. In enforcement proceedings with judgment, the objection must be made at the trial stage; objection is not possible at the execution stage.

In execution without judgment, the subject of the receivable must be money or collateral receivable. Execution without execution is the first method used in cases where the creditor does not have strong evidence to prove that he is a creditor. In this type of execution proceeding, the debtor has the right to stop the proceeding by objecting in accordance with the provision of the law against the possibility of abuse by the creditor.

1. Execution Without Judgment

Proceedings without judgment is an enforcement method that creditors may apply for money or collateral receivables. In order to apply to this method, the creditor does not need to have any document or court decision. Non-judicial enforcement can also be used for the eviction of leased immovable properties, and there is no need for a court decision or a receivable based on a pledge right for this process.

In execution without execution, the general authorized enforcement office is the enforcement office of the debtor’s domicile, but this authority is not absolute. In proceedings without execution, the enforcement office of the place where the contract subject to the proceedings is concluded is also authorized. In the event of a proceeding in a place other than the authorized enforcement office, the debtor may object to the jurisdiction within 7 days. Since the issue of jurisdiction does not contradict the public order, the enforcement office does not examine its jurisdiction automatically.

The first step of execution proceedings without execution is the request for execution. After this request, the enforcement office sends a payment order to the debtor. The debtor can object to this payment order within 7 days. The debtor’s right to object is recognized in order to prevent the debtor’s loss of rights in case the debt does not exist or is based on a justified reason.

The debtor may stop the proceedings by objecting to the payment order in a proceeding without judgment. If the debtor, who can object to the debt, authorization or signature, does not object to the payment order within 7 days, the proceedings will be suspended. The debtor who does not object to the debt, authorization or signature must make a true declaration of property within 7 days. The debtor who fails to declare his/her assets may face imprisonment.

There are two ways that the creditor can apply after the debtor’s objection:

  1. The creditor can apply to the Enforcement Court within 6 months to lift the objection.
  2. The creditor may file a lawsuit for annulment of the objection within 1 year.

According to Article 68 of the Enforcement and Bankruptcy Law, the creditor must have at least one of certain documents in order to file an action for annulment of objection. These documents are as follows:

  • An ordinary promissory note whose signature is affirmed
  • Deed with signature certified by a notary public
  • Receipt or document duly obtained from official offices or authorized authorities

The creditor who has one of these documents must file a lawsuit for lifting the objection within 6 months. If the court determines that the objection is unfair, the proceeding will continue from where it left off and the debtor will be awarded compensation for bad faith and compensation for denial of enforcement.

If the debtor does not object to the initiated proceeding in due time, the proceeding becomes final. The finalization of the proceeding gives the creditor the right to seize the debtor’s assets and to convert the seized goods into money.

Types of Execution Proceedings Without Judgment

Execution proceedings without execution are divided into three as general attachment proceedings, attachment proceedings specific to bills of exchange and eviction of leased immovables.

1. General attachment proceedings

Proceedings without judgment, which is an enforcement method that can be applied for money and collateral receivables and does not require any document or means of proof for the commencement of the proceedings, is used for money and collateral receivables that are not based on a bill of exchange, a judgment or a document in the nature of a judgment, or that are not secured by a pledge. This type of proceeding is conducted in Turkish currency. If the receivable is in foreign currency, the follow-up process is carried out by specifying the exchange rate on the date of demand. Gold receivables cannot be pursued without judgment through general attachment.

In proceedings without judgment through general attachment, first of all, the creditor applies to the enforcement office and makes a request for proceedings. After this application, the enforcement office sends a payment order to the debtor. If the debtor does not make an oral or written objection to the enforcement office within 7 days, the proceeding becomes final. In case the debtor objects, if the objection is found to be unfounded, the enforcement proceeding becomes final; if the objection is found to be justified, the enforcement proceeding is terminated.

If the debtor fails to pay the debt after the proceedings are finalized, the debtor’s property up to the amount of the debt is seized, and upon the request of the creditor, these goods are sold and the proceeds are paid to the creditor. If the debtor does not have sufficient assets to pay the debt, the creditor shall be granted a certificate of insolvency.

The mandatory elements that must be included in the follow-up request are as follows

  • Identity and address of the creditor
  • Identity and address of the debtor
  • Amount of the receivable (if the receivable is in foreign currency, it must be converted into Turkish currency)
  • If the receivable is interest-bearing, the amount of interest and the day it starts to accrue
  • The reason for the debt if there is no promissory note or promissory note
  • Which of the follow-up methods is chosen
  • Signature of the creditor or his/her representative

In light of this information, the proceedings without judgment offer a fast and document-free enforcement method for creditors.

2. Specific Attachment Procedure for Bills of Exchange

Specific attachment of bills of exchange is one of the non-probate enforcement methods and requires the creditor to have a document in the form of a bill of exchange. These documents are legally limited in number and consist of policies, bills and checks. The creditor may apply for this enforcement remedy based on one of these documents; it cannot apply for this remedy with other negotiable instruments.

In proceedings through specific attachment of bills of exchange, the creditor first applies to the enforcement office and submits the request for proceedings and the debtor is notified of the payment order. The debtor may object to the payment order within 5 days. The objection is made by submitting a petition to the enforcement court affiliated to the enforcement office where the proceeding is carried out. The debtor has the right to object to both the signature and the debt.

The objection does not stop the proceedings other than the sale. However, the debtor may apply to the court with a special request and request a temporary suspension of the enforcement proceedings in order to seize the goods or not to pay the money in the execution cashier to the creditor. In some cases, the judge may also issue a temporary stay ex officio.

The enforcement court decides on the merits of the case. This decision is made at a hearing and a hearing is mandatory. If the court decides to reject the objection, the proceedings shall continue; the rejection decision need not be finalized. This decision constitutes a final judgment in the formal sense and the debtor may file an action for reclamation or negative assessment.

If the court decides to accept the objection, the enforcement proceedings will be suspended and the enforcement proceedings will be canceled upon the finalization of this decision. Appeal against the decision is open.

In the foreclosure proceedings specific to the bill of exchange, the debtor has two options if he/she thinks that he/she does not owe any debt or if he/she thinks that there is an illegal situation regarding the proceedings. These options are as follows;

A. Objection to Signature:

The debtor may deny the signature on the bill of exchange. The objection to the signature is made in writing to the enforcement court within 5 days from the notification of the payment order and must be clearly stated. If the signature is not objected, the signature is deemed to belong to the debtor. The objection to the signature is examined through a hearing and the debtor must be present in person at the first hearing. If the debtor does not appear without an excuse and the creditor’s attorney comes to the hearing and declares that he/she will not pursue the case, the file is removed from the proceedings.

In case the objection is accepted, if the creditor is found to be malicious and grossly negligent, compensation not less than 20% of the receivable subject to the proceeding and a fine of 10% shall be imposed. If the creditor files a lawsuit before the general courts, the collection of the fine is postponed until the end of the lawsuit. If the creditor wins the lawsuit, the fine is removed. In case the objection is rejected, if the proceedings are suspended, the debtor shall be sentenced to compensation not less than 20% of the receivable subject to the proceedings and a fine of 10%. If the debtor files a negative declaration or reclamation lawsuit, the collection of the fines is postponed until the end of the lawsuit; if the lawsuit is concluded in favor of the debtor, the damages awarded are removed.

B. Objection to Debt:

Objection to the debt covers all objections made against the payment order except the signature objection. Objections such as the absence of debt, the debt being time-barred, the debt being paid, the interest rate being wrong are included in the scope of objection to debt. In case of objection to the debt, the enforcement court invites the parties to a hearing within 30 days at the latest. If the creditor or his/her attorney does not attend the hearing, the enforcement court decides to suspend the proceedings for the objected debt.

The debtor must clearly state the competent enforcement office when objecting to jurisdiction; the judge shall not investigate the competent enforcement office ex officio. The debtor may prove that he is not a debtor, that the debt has been redeemed or discharged only by an official document or a document whose signature is acknowledged by the creditor. Objections cannot be proved with evidence such as witnesses or oaths.

If the enforcement court decides to accept the objection, the enforcement proceedings shall be suspended and the enforcement proceedings shall be canceled upon the finalization of the decision. In the event that the objection of the debtor is accepted, if the creditor is malicious or grossly negligent, a compensation of not less than 20% of the receivable subject to enforcement proceedings shall be awarded. If the proceedings are temporarily suspended and the objection is rejected, compensation not less than 20% of the receivable subject to the proceedings shall be awarded against the debtor. If the debtor files a lawsuit for negative assessment or reclamation, the collection of the compensation shall be postponed until the end of the lawsuit.

The decisions of the enforcement court to accept or reject the objection shall be subject to appeal. The provisions of the general attachment proceeding shall also apply to the proceeding through specific attachment of bills of exchange, except for the above-mentioned features and unless they are contrary to the nature of this proceeding.

C. Proceedings Regarding Leased Immovables

As a rule, execution without judgment applies to money and security claims. No document or court decision is required for the collection of such receivables. However, there is an exception in the Enforcement and Bankruptcy Law where the lessor may request the eviction of the leased immovable property through execution without judgment under certain conditions.

When the lessor wants to evict the lessee, he has to file an eviction lawsuit in the civil court of peace. If he wins the lawsuit, he may apply for a writ enforcement proceeding with the judgment obtained from the court. However, in certain cases, the eviction of the immovable can be requested by applying directly to the enforcement office. These situations are as follows:

  1. Non-payment of rent
  2. End of the lease term

The lessor does not need to rely on a written lease agreement in order to request the eviction of the immovable property through execution without writ of execution. The lessee may object to the existence of the lease agreement. However, if no objection is made, the lease agreement is deemed accepted.

Execution proceedings without judgment regarding leased immovable properties have similar legal processes with execution proceedings through general attachment. The lessor initiates enforcement proceedings against the lessee due to non-payment of the rent or expiration of the lease term, and the enforcement office sends a payment order to the lessee.

The tenant’s objection period to the payment order:

  • 3 days for leases of less than 6 months
  • 7 days for tenancies longer than 6 months

The payment order gives the tenant two options:

  1. object to the payment order within 3 or 7 days.
  2. pay the rent debt and its accessories within 30 days.

In addition, the tenant is notified that if one of these remedies is not applied within the periods specified in the payment order, the lease agreement will be terminated and the leased property will be evicted.

Article 315 of the Turkish Code of Obligations: “If the lessee fails to fulfill the obligation to pay the rent or ancillary expenses due after the delivery of the leased premises, the lessor may give the lessee a period of time in writing and notify the lessee that he will terminate the contract in case of non-performance within this period. The period to be given to the lessee is at least ten days, and at least thirty days for residential and roofed workplace leases. This period starts to run from the day following the date of written notification to the lessee.”

If the tenant does not object to the payment order or does not pay the debt, the lessor may apply to the enforcement court within 6 months after the periods specified in the notice have passed and request the eviction of the tenant. If the enforcement court determines that the tenant has not objected to the payment order and has not paid within the time limit, it will issue an eviction order.

D. Execution by Foreclosure Based on Subscription Contract

Law No. 7155, which entered into force on December 19, 2018, was introduced into the Turkish legal system with the “Law on the Procedure for the Initiation of Proceedings Regarding Monetary Receivables Arising from Subscription Agreements”. This regulation aims to carry out the procedures up to the attachment stage electronically in the follow-up of receivables arising from subscription agreements.

This new procedure will be initiated through the Centralized Tracking System (MTS) and will continue through this system until the attachment stage. The MTS, which was created in UYAP (National Judicial Network Information System), allows this process to be carried out electronically.

The follow-up of receivables based on the subscription agreement through the MTS is only valid for monetary receivables, and non-monetary claims of the party providing goods or services cannot be claimed through this method. This remedy may only be used by the party providing the subscription service. Consumers, who are the other party to the subscription agreement, must pursue their receivables according to the general provisions.

There are certain conditions for the application of this remedy:

1. Subscription Agreement: A subscription agreement must be in place before proceedings can be initiated.

2. Money Claim: The receivable arising from the subscription agreement must be in the nature of a money receivable.

3. Invoiced Service or Goods: According to the subscription agreement, the price of the goods or services provided to the consumer must be invoiced.

When these conditions are met, the creditor party may apply for judicial proceedings through the MTS. The proceedings are initiated on the MTS and carried out electronically and continue through the system until the attachment stage. Thus, the follow-up of receivables arising from subscription agreements can be carried out more quickly and effectively.

This new regulation contributes to the rapid resolution of disputes between the parties by making the follow-up of receivables arising from subscription agreements more systematic and efficient.

Judgment Enforcement Proceedings

When a person’s rights are violated or in the face of an unlawful situation, he/she may apply to the court and demand the remedy of this violation. The person in whose favor the court process is concluded may apply to the enforcement proceedings with judgment together with the judgment obtained.

In order to initiate a writ enforcement proceeding, a court decision or one of the documents in the nature of a court order specified in the law is required. This document must be a signed and sealed reasoned decision from the court. The documents in the nature of a judgment specified in Article 38 of the Enforcement and Bankruptcy Law are as follows

  • Settlements and acceptances made before the court
  • Notarial deeds evidencing a money debt
  • Bail bonds for appeal and appeal and bail bonds at the execution office

In addition, other documents deemed to be judgments in special laws may also be used in enforcement proceedings with judgment.

In execution proceedings with judgment, an execution order is sent to the debtor and it is notified that the debt must be paid within 7 days. If the debtor does not make payment within this period, the judgment is forcibly executed by the enforcement office. The debtor’s appeal of the judgment does not stop the execution. In this case, the debtor must request a stay of execution from the Court of Cassation. The debtor must ask for time until the enforcement office submits the stay of execution.

The statute of limitations for enforcement proceedings is 10 years. The debtor cannot object to the execution proceedings to the enforcement office because the debt is fixed by the court decision. However, the debtor reserves the right to file a lawsuit regarding the debt in the enforcement court.

All enforcement offices in Turkey are authorized in the enforcement proceedings and the authority cannot be objected. The proceeding may be initiated at any enforcement office in Turkey. The subject matter of the enforcement proceedings may be money receivable, delivery of movable property, evacuation of real estate, delivery of a child or establishing a personal relationship with a child.

The judgment does not have to be finalized in order to initiate a judgment enforcement proceeding. However, the following judgments must be finalized:

  • Decrees regarding real rights related to immovable property
  • Decrees on family and personal law
  • Decrees regarding all ships and real rights related to them, regardless of their flag and whether they are registered or not
  • Negative declaration lawsuits and compensation judgments
  • Court of Accounts judgments

In the light of this information, the process of enforcement proceedings with judgment allows the creditor to enforce its rights through the enforcement office with a court decision or a document in the nature of a judgment.

Frequently Asked Questions

  1. Who can file a debt claim?

    The creditor and the heirs of the creditor can file a debt claim. If the creditor has transferred the receivable, the person or institutions that have transferred the receivable may also file a debt claim.

  2. Is there any other alternative method for the collection of the receivable?

    Yes. It is also possible to collect the receivable by sending attachment notices to banks, individuals or legal entities for the debtor’s rights and receivables from third parties.

  3. What should be included in the follow-up request?

    The follow-up request must include the names, surnames and addresses of the creditor and the debtor, the amount of the receivable (with interest1 ) and the reason for the receivable, the promissory note on which it is based or the debt if there is no promissory note. In addition, the chosen method of enforcement must also be specified in the enforcement request.

  4. Where is the enforcement proceeding initiated?

    Enforcement proceedings are initiated with a “request for enforcement” to the enforcement directorate where the debtor’s address is located.

  5. What are the consequences of not declaring assets?

    You may be sentenced to imprisonment. If you do not declare your assets, the creditor has the right to apply to the enforcement court and request that you be punished with a penalty of imprisonment for a period not exceeding three months until you declare your assets.


As Güneş & Güneş Law Office, we would like to state that it is vital that the process of initiating enforcement proceedings is carried out with legal support. Execution proceedings are a legal process initiated for the collection of receivables and must be managed correctly. Legal support plays a critical role in preparing the creditors’ claims within the legal framework, submitting the necessary documents for enforcement proceedings in full and managing possible objections that may be encountered during the process. In addition, counseling on the legal means of initiating enforcement proceedings and the legal actions to be taken at which stages ensures that the process proceeds quickly and effectively. In this context, legal expertise makes it possible to determine the best strategies for the collection of receivables. For more information and legal support, please contact us.

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