Enforcement & Bankruptcy Law

In enforcement proceedings without a court judgment, an objection must be filed with the enforcement office within seven days of service of the payment order. If this deadline is missed, the proceeding becomes final and the objection can only be pursued through litigation.

A seizure can be lifted by paying the debt, providing security, obtaining a stay-of-enforcement order from the enforcement court, or having the seizure declared procedurally defective. The right method depends on the status of the debt and the file.

This is an action filed by a creditor who wishes to resume an enforcement proceeding that was halted by the debtor's objection. If the creditor does not file this action within one year of the objection being served, they must instead pursue the claim before the general courts.

No, a creditor may initiate enforcement proceedings in person; however, given that timing calculations and procedural errors can have difficult-to-remedy consequences, using a lawyer is recommended.

The attachable portion of a salary is generally limited to one quarter; this limit does not apply to maintenance claims, for which a higher rate of deduction may be applied.

Items essential for the subsistence of the debtor and their family, tools and equipment necessary for their profession, and other assets listed by law are exempt from attachment.

No, the postponement-of-bankruptcy mechanism has been abolished by law; capital companies in financial difficulty now generally use the concordat procedure instead.

A payment plan may be agreed directly with the creditor, and the law also provides a concordat-like restructuring procedure for non-merchant natural persons.

The creditor who obtains a precautionary attachment must, within the short period set by law, initiate the main enforcement proceeding or lawsuit, failing which the attachment is automatically lifted.

As a rule, enforcement costs and attorney's fees are recovered from the debtor at the end of the proceedings, though any amount the creditor owes their own lawyer beyond that sum remains the creditor's responsibility.

Enforcement is possible if the debtor has attachable assets in Türkiye; enforcement against assets abroad is governed by the law of the relevant country and any applicable international treaties.

Under an ordinary guarantee, the creditor must first pursue the principal debtor, whereas under a joint and several guarantee, the creditor may proceed directly against the guarantor; the type of guarantee must be clearly stated in the contract.

A payment order not objected to within the period becomes final, and the creditor may proceed with attachment measures against the debtor's assets.

If approved by the court and the debtor fulfils its commitments, concordat allows the company to continue operating; however, if the process fails, bankruptcy may again become a possibility.

A claim may lose its enforceability through litigation if not pursued within the limitation period; however, initiating enforcement proceedings and taking proper procedural steps can interrupt that period.