How to File Enforcement Proceedings Based on a Negotiable Instrument in Turkey — The 5-Day Objection for Cheques and Promissory Notes

Enforcement based on a negotiable instrument is a privileged enforcement procedure applying to instruments such as cheques, promissory notes, and bills of exchange, distinct from the general attachment process, and subject to faster, stricter rules.

The Nature of Negotiable Instruments

Under Article 167 et seq. of Enforcement and Bankruptcy Law No. 2004 (İİK), a creditor may initiate enforcement directly through the attachment procedure specific to negotiable instruments, based on a cheque, promissory note, or bill of exchange in their possession; this type of proceeding may be used where the instrument meets the validity requirements under negotiable-instrument law (such as the date of issue, signature, and amount).

Service of the Payment Order

Upon the enforcement request, a special payment order (Sample No. 10) is sent to the debtor; unlike the payment order used in the general attachment procedure, this order expressly states that the objection period and form are subject to the rules specific to negotiable instruments.

The Five-Day Objection Period

While the objection period is seven days in the general attachment procedure, under Article 168 of the İİK, the debtor in enforcement based on a negotiable instrument may only object within five days of the payment order being served. This objection must be filed directly with the enforcement court, not the enforcement office; an objection submitted to the enforcement office has no legal effect.

Grounds for Objection and the Burden of Proof

If the debtor objects to the signature, they must state this ground separately and explicitly; where the debtor objects to the signature, the enforcement court orders a signature examination. A debtor objecting to the debt itself must prove the ground relied on (such as the debt having been paid or become time-barred) with an official document or one bearing an acknowledged signature.

The Effect of the Objection on Enforcement

Unlike the general attachment procedure, an objection in enforcement based on a negotiable instrument does not automatically suspend the proceedings; for the objection to suspend enforcement, the enforcement court must separately issue a decision to that effect. If no objection is filed within the period, or the objection is rejected, the proceedings become final.

Practical Recommendations

If you receive a payment order based on a negotiable instrument, consult an enforcement lawyer immediately so as not to miss the short five-day period; submitting your objection petition to the correct authority (the enforcement court) with the correct grounds is critically important for the success of the process.

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