How to File an Action for Removal of an Objection in Turkey — İİK Articles 68-68/a

Removal of an objection is a route by which a debtor's objection to enforcement without a judgment is removed through a swift procedure before the enforcement court, based on specific documents held by the creditor.

Documents That Can Support the Request

Under Articles 68 and 68/a of Enforcement and Bankruptcy Law No. 2004 (İİK), a request for removal of an objection may be based on documents such as a private deed with an acknowledged signature containing a specific monetary debt, receipts and documents duly issued by official bodies within their authority, the debtor's acknowledgment of the debt before an official body, and credit agreements together with account statements relating to them that were not objected to within the period.

Definitive Versus Provisional Removal

If the debt is based on a private deed, the route of definitive removal of the objection is followed; where the signature is contested in proceedings based on a negotiable instrument, the court may, following a signature examination, order the provisional removal of the objection, in which case the debtor retains the right to file a lawsuit, subject to paying bad-faith compensation.

Competent Court

An action for removal of an objection is filed with the enforcement court to which the enforcement office handling the proceedings is affiliated.

Filing Deadline

The request for removal of the objection must be made within six months of the objection being notified to the creditor; this period is preclusive, and if the application is not made within it, the creditor cannot initiate new enforcement without a judgment for the same claim, though they may file an action to annul the objection before the general courts.

Trial Procedure

An action for removal of an objection is subject to simplified proceedings, and the enforcement court's review is limited to assessing whether the document the creditor relies on falls within the scope of Article 68 of the İİK, and whether the debtor's objection is justified; it is therefore concluded much faster than an action to annul the objection before the general courts.

Practical Recommendations

If you are a creditor, before initiating enforcement, assess whether the document you hold meets the requirements under Article 68 of the İİK; note the date the objection was notified and file your removal-of-objection request before the six-month period expires.

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