What Is Enforcement With a Judgment in Turkey? The Difference From Enforcement Without a Judgment

Enforcement with a judgment is proceedings initiated on the basis of a court judgment or a document the law treats as having the effect of a judgment; because the existence of the debt has already been established by a court decision, this type of proceeding differs significantly from enforcement without a judgment.

Documents Treated as Having the Effect of a Judgment

Under Article 38 of Enforcement and Bankruptcy Law No. 2004 (İİK), in addition to court judgments, notarial deeds containing an unconditional acknowledgment of a monetary debt, settlements and admissions made before the court, and final arbitral awards are also treated as documents having the effect of a judgment, and enforcement with a judgment may be initiated on the basis of these documents.

The Key Difference From Enforcement Without a Judgment: The Objection Route Is Closed

While a debtor in enforcement without a judgment can automatically suspend the proceedings by objecting to the payment order, this option is not available in enforcement with a judgment, since the existence of the debt has already been established by a court decision. The objection route against the enforcement order sent to the debtor is closed, and the proceedings continue without any action by the debtor.

The Possibility of Complaining Against the Enforcement Order

Although the debtor cannot object in enforcement with a judgment, under Articles 33 and 16 of the İİK they may request that enforcement be suspended (on grounds such as the debt having been paid or having become time-barred) or may file a complaint with the enforcement court against irregular acts of the enforcement office. However, these routes have a more limited scope than the general right of objection in enforcement without a judgment.

Suspension of Enforcement

The debtor may prove, through a notarized document, that the debt was paid or became time-barred after the judgment became final, and request that the enforcement court suspend enforcement; this request can be raised at any stage after the enforcement order has been served.

The Payment Period

In enforcement with a judgment, the debtor is notified that, for monetary debts, they must pay the debt or make a declaration of assets within seven days of the enforcement order being served; once this period passes, attachment proceedings may begin.

Practical Recommendations

If enforcement with a judgment is initiated against you, remember that you do not have a right of objection, but you may request suspension of enforcement if you have concrete evidence that the debt was paid or has become time-barred; also be sure to check whether the enforcement order was properly served.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.