What Is Enforcement Without a Judgment in Turkey? The Payment Order Objection Period

Enforcement without a judgment is the general attachment procedure a creditor initiates directly with the enforcement office to collect a debt, without holding any court decision; whether the debtor objects to this proceeding within the deadline fundamentally changes its course.

Types of Enforcement Without a Judgment

Under Enforcement and Bankruptcy Law No. 2004 (İİK), enforcement without a judgment is divided into three main categories: the general attachment procedure, the procedure specific to negotiable instruments, and the eviction of leased property. The general attachment procedure, which does not rely on any special instrument and is used for monetary or security claims, is the most common type of proceeding.

Commencement of Proceedings and the Payment Order

Upon the creditor's application to the enforcement office, a payment order is sent to the debtor; this document clearly states the debt amount, interest, and the debtor's right to object. The path the debtor takes in response to this payment order directly determines the outcome of the proceedings.

The Payment Order Objection Period and Procedure

Under Article 62 of the İİK, the debtor may object to the enforcement office within seven days of the payment order being served on them; the objection may relate to all or part of the debt, or to the creditor's authority to pursue enforcement (for example, a disputed signature acknowledging the debt).

The Effect of the Objection: Suspension of Proceedings

An objection filed within the period automatically suspends the proceedings; for the creditor to continue, they must file an action to annul the objection or to have it removed. If the debtor does not object within the period, the proceedings become final and the creditor may directly request attachment.

The Effect of a Partial Objection

If the debtor objects to only part of the debt stated in the payment order, the proceedings are suspended with respect to that portion; the proceedings are considered final for the portion not objected to, and the creditor may continue attachment for that part.

Practical Recommendations

When you receive the payment order, note the seven-day period precisely; if you object to the debt, interest, or signature, clearly state your grounds and apply to the enforcement office within the period.

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