Debt Collection in Turkey Under Enforcement Law

Which Laws Govern Enforcement and Bankruptcy in Turkey?

Debt collection processes in Turkey and compulsory enforcement procedures are not confined to a single statute; they rest on a broad network of complementary legislation:

• Enforcement and Bankruptcy Law No. 2004 (EBL): This is the main and basic legislation of the field. It governs all the operational and procedural rules, from the opening of enforcement proceedings to service of documents, from attachment to the sale of assets, and from the ranking schedule to bankruptcy liquidation.
• Code of Civil Procedure No. 6100 (CCP): It lays down the trial procedure, the system of evidence and the rules on the competent court to be applied in lawsuits arising out of enforcement action, such as the annulment of an objection, a negative declaratory action, a third-party claim to attached assets and an action for the annulment of fraudulent transfers.
• Turkish Code of Obligations No. 6098 (TCO): It determines the legal source of the debt relationship, when the debt becomes due and payable, the conditions for the debtor to fall into default, the rates of default interest and the limitation periods to which the claim is subject.
• Turkish Commercial Code No. 6102: It covers the formal requirements for negotiable instruments (cheques, promissory notes, bills of exchange), the rights of the holder, the special procedure in commercial lawsuits and the interest rules applicable to commercial matters.
• Law No. 6325 on Mediation in Civil Disputes: It governs the mandatory mediation mechanism that has to be used before a lawsuit is filed in commercial disputes and in claims arising from employment law, and the status of settlement records as documents equivalent to a court judgment.
• Law No. 5718 on Private International Law and Procedural Law (PILA): It governs the jurisdiction rules applied in the pursuit and collection of claims with a foreign element, the obligation to provide security for a foreign creditor or debtor, and the conditions for enforcement (tenfiz) under which foreign court and arbitral awards can be executed in Turkey.

How Is a Debt Collected in Turkey?

Under Turkish law there are four independent legal routes available for recovering a debt that has not been paid. These methods may be alternatives to one another or, depending on the nature and the legal position of the claim, complementary to one another or a statutory precondition (a condition of the lawsuit).

The commonest mistake in practice is to go straight to execution proceedings without first assessing the source of the claim, its maturity and the legal weight of the documents in hand. Choosing the wrong method can lead to compensation for an unfounded claim, to the process seizing up, or to high litigation costs.

1. Debt Collection in Turkey by Formal Notice and Settlement

Under Turkish law this is the first stage, the one that costs the least, carries the least risk and can produce the fastest result.

• Legal nature: An official formal notice sent to the debtor through a notary public states that the debt has fallen due and gives the debtor a firm period in which to pay.
• Legal effects: It places the debtor in default as a matter of law, fixes the starting date of default interest with certainty and proves the creditor’s good faith in any later lawsuit. While it guarantees nothing, it pushes the debtor towards voluntary payment by confronting him with the risk of litigation and enforcement costs.

2. Debt Collection in Turkey Through Mediation

In the Turkish legal system this is the legal route in which the parties negotiate the dispute before an independent and impartial mediator without taking it to court.

• Mandatory as a condition of the lawsuit: In commercial lawsuits (Turkish Commercial Code Art. 5/A) and in disputes arising from employment law, applying to a mediator before filing suit is a condition of the lawsuit. By Article 18/B, added to Law No. 6325 by Law No. 7445 and in force since 01.09.2023, that scope has been extended to disputes arising out of a lease relationship (except eviction from a leased property by enforcement without a court judgment), to the division of movable and immovable property and the dissolution of joint ownership, and to disputes arising from condominium ownership and from neighbour rights.
• Document equivalent to a court judgment: Where the parties reach agreement at the end of the mediation meetings, the settlement document drawn up acquires, as a rule, the status of a court judgment once a certificate of enforceability is obtained from the Civil Court of Peace. However, a settlement document signed jointly by the parties, their lawyers and the mediator — or, in commercial disputes, by the lawyers and the mediator — counts as a document equivalent to a court judgment without any certificate of enforceability. In either case, enforcement proceedings based on a court judgment can be opened directly on the strength of that document.

3. Debt Collection in Turkey Through Direct Enforcement Proceedings

This is the method by which the creditor, without holding a court judgment, has a payment order served on the debtor by applying directly to the Enforcement Office in Turkey.

• How it works in law: No court judgment is required to open the proceedings. If the debtor does not object within the statutory period to the payment order served on him, the proceedings become final and the attachment stage is reached directly.
• Advantage and risk: It is the commonest and fastest route for debt recovery in Turkey. In enforcement without a court judgment, however, the proceedings stop automatically if the debtor objects within 7 days and the creditor then has to bring a court case.

4. Debt Collection in Turkey Through a Lawsuit and Enforcement Based on a Court Judgment

This is the judicial route used where the amount or the existence of the claim is disputed or where the enforcement proceedings have stopped on the debtor’s objection.

• Types of lawsuit: Depending on the state of the dispute it takes the form of a claim for payment before the general courts in Turkey, an action for the annulment of the objection to revive stopped proceedings, or the dismissal of a negative declaratory action brought by the debtor.
• Effect of the court judgment: The decision the court gives at the end of the trial constitutes a court judgment. Where a claim is pursued through enforcement based on a court judgment, the debtor has no right to stop the proceedings by objecting at the Enforcement Office.

Which Route Should Be Taken for Debt Recovery in Turkey?

In Turkish enforcement law, the choice of route for debt recovery is determined less by the money value of the claim than by the nature, the official character and the evidential weight of the document the creditor holds. Taking the wrong route with the wrong document can lead to the annulment of the proceedings, needless loss of time and litigation costs, and even the risk of substantial compensation being awarded against the creditor.

1. Debt Collection Route in Turkey Where There Is a Cheque, Promissory Note or Bill of Exchange

• Route to be used: The special attachment route for negotiable instruments under Turkish law (EBL Art. 167 et seq.).
• Legal nature and advantage: Where the instrument carries the character of a negotiable instrument (strict formal requirements), this is the route that gives the creditor the fastest protection. A “payment order specific to negotiable instruments” is served on the debtor, requiring him to pay within 10 days or to object within 5 days.
• Effect of an objection: A simple objection petition handed to the Enforcement Office does not stop the proceedings automatically. The debtor must make his objection to the signature or to the debt by petition to the Enforcement Court and must obtain an interim order from that court staying the proceedings.

2. Debt Collection Route in Turkey Where There Is a Signed or Notarised Instrument

• Route to be used: Enforcement without a court judgment (the general attachment route).
• Legal nature and advantage: If the debtor objects within 7 days to the payment order, the proceedings stop. Because the document in hand qualifies under EBL Art. 68 as an “instrument containing an acknowledgement of debt whose signature has been admitted or which has been drawn up or certified by a notary”, however, the creditor is not forced to bring a long court case before the general courts.
• The remedy: Under Turkish enforcement law the creditor may apply to the Enforcement Court and ask for “definitive removal of the objection”. Compared with proceedings before the general courts, this route allows enforcement to continue far more quickly and practically.

3. Debt Collection Route in Turkey Where There Is an Invoice, Current Account or Contract

• Route to be used: Enforcement without a court judgment (the general attachment route).
• Legal nature and risk: Although no document has to be produced when the proceedings are opened, the likelihood that the debtor will object to the payment order within 7 days saying “I owe nothing” is extremely high. The objection stops the proceedings automatically.
• The remedy: To revive the stopped proceedings, an “action for the annulment of the objection” must be filed before the general courts in Turkey. If the dispute is commercial in nature or arises from employment law, completing the mandatory mediation process before filing suit is a statutory requirement.

4. Debt Collection Route in Turkey Where There Is No Written Document

• Legal position and risk: Opening enforcement proceedings directly with no written evidence at all creates a serious legal risk under Turkish law. Not only will the proceedings stop on the debtor’s objection, but the burden of proof in the lawsuit that follows will rest entirely on the creditor.
• Strategic approach: Before enforcement is opened in Turkey, supporting evidence such as an acknowledgement of the debt, witness statements, bank receipts, e-mails or messaging records should be gathered. Where proceedings are opened without sufficient supporting evidence and then stop on the debtor’s objection, the debtor may be awarded bad faith compensation of not less than 20% if the creditor is shown to have opened the proceedings without justification and in bad faith.

What Are Debt Enforcement Proceedings in Turkey and What Types Are There?

Debt enforcement proceedings (icra takibi) are the administrative and legal process in which, where a debt is not paid voluntarily, the Enforcement Office serves a payment order or an enforcement order on the debtor at the creditor’s request and thereby secures collection of the debt by force through the power of the State. Under Turkish law the most critical threshold in determining the type of proceedings is whether or not the creditor holds a court judgment. That distinction changes both the enforcement procedure and the legal defences open to the debtor against it.

1. Enforcement Without a Court Judgment in Turkey and Its Types

This is the route the creditor uses where there is no court judgment in hand. In Turkish enforcement law it can only be used for money and security claims and for eviction claims arising out of a lease relationship. It has three sub-types:

• Proceedings by the general attachment route: The most general route, which can be opened without having to rely on any written document. The Enforcement Office serves a payment order on the debtor. The debtor has the right to object within 7 days of service without giving reasons. The debtor’s objection stops the proceedings automatically. For the creditor to continue, he must file an action for the annulment or the removal of the objection.
• The attachment route specific to negotiable instruments: It applies only to claims on a cheque, promissory note or bill of exchange that carries the character of a negotiable instrument under Turkish law. A payment order is served on the debtor; the period for objecting is 5 days and the objection is made to the Enforcement Court. Its central advantage is that the debtor’s objection does not stop the proceedings automatically; for them to stop, the court must give a separate interim or stay order.
• Eviction from leased immovable property without a court judgment: A special enforcement route used where the rent has not been paid or the lease term has ended. The creditor (the landlord) can claim both the collection of the accrued rent and eviction from the property through a single enforcement file. The periods for objecting to the payment order and for paying differ from those in general enforcement.

2. Enforcement Based on a Court Judgment in Turkey

Enforcement based on a court judgment is opened on the strength of a court judgment or of documents which Turkish law treats as equivalent to a court judgment.

• Legal nature and service: What is served on the debtor is not a payment order but an “enforcement order”. The debtor has no right to stop the proceedings by objecting to the debt or the signature in a simple petition.
• Documents equivalent to a court judgment: Besides court judgments, mediation settlement documents carrying a certificate of enforceability, notarial instruments (those drawn up by the notary himself), settlements and admissions made before a court, and final arbitral awards are all treated as equivalent to a court judgment.
• The debtor’s defence: Before the Turkish courts the debtor can only ask for enforcement to be stayed by proving, with official documents obtained from the competent authorities, that the debt has been discharged (paid), that the creditor has granted him time (an extension), or that the claim is time-barred.

3. Enforcement Proceedings in Turkey Through the Realisation of a Pledge

This is the special enforcement route used in Turkey by creditors whose claim is secured by a mortgage (a pledge over immovable property) or by a pledge over movables (retention of title, a pledged vehicle and so on).

• The rule that the pledge must be pursued first (EBL Art. 45): A creditor whose claim is secured by a pledge cannot, as a rule, go straight to the general attachment route; he must first bring proceedings for the realisation of the pledge.
• Right of priority: Under Turkish law the secured creditor has a right of priority over all other creditors in the proceeds of the sale of the pledged asset. If the value of the pledge does not cover the claim, the creditor is given a “certificate of deficiency in the pledge” for the balance and may take the attachment route for the remaining amount.

How Is a Debt Referred to Enforcement in Turkey?

Referring a debt to enforcement formally begins when the creditor or his lawyer applies in person to the competent Enforcement Office or submits an enforcement request (EBL Art. 58) electronically through the UYAP Lawyer / Citizen Portal. The enforcement request is the single most basic document, the one that draws the legal map and the boundaries of the whole process.

On the basis of the information declared by the creditor in the enforcement request, the Enforcement Office draws up, under Turkish legislation, a payment order or an enforcement order for the debtor. Procedural errors or omissions in the enforcement request can lead, on the debtor’s objection or complaint, to the annulment of the proceedings and to a loss of rights for the creditor.

1- The Enforcement Request in Turkey and Its Mandatory Elements (EBL Art. 58)

For enforcement proceedings in Turkey to come into being validly and be processed, the following elements must appear in full in the enforcement request:

• Details of the parties: The name, surname, trade name, Turkish ID number or tax identification number (VKN) of the creditor and the debtor (and of any statutory representative or lawyer) together with residential addresses suitable for service.
• Amount of the claim and its accessories: The amount of the principal claim, the interest accrued up to the date of the proceedings, the date on which interest begins to run and the type of interest sought (statutory, advance or rediscount interest). If the interest rate is not stated expressly, statutory interest applies by operation of law. For claims in foreign currency, the Turkish lira equivalent must be shown at the Central Bank of Turkey effective selling rate on the date of the proceedings.
• Document relied on or reason for the debt: The cheque, promissory note, invoice, contract or court judgment on which the claim rests is stated expressly. Where enforcement is opened without a court judgment and without any written document, the legal relationship out of which the debt arose is written instead (for example, “an oral claim outside a debt contract dated 15.05.2026”).
• Enforcement route chosen: One of the routes — the general attachment route, proceedings specific to negotiable instruments, enforcement on a court judgment or realisation of a pledge — must be chosen expressly. Legal risk: Under Turkish enforcement law a wrongly chosen route cannot be corrected later by petition. On the debtor’s complaint the Enforcement Court annuls the proceedings and the creditor has to pay all the fees and costs again and start the proceedings from scratch.

2- How Is the Competent Enforcement Office Determined in Turkey?

Opening compulsory enforcement proceedings at the Enforcement Office that has jurisdiction under the law is critically important in preventing the debtor from stopping the proceedings and dragging the process out by objecting to jurisdiction:

• The generally competent Enforcement Office: As a rule this is the Enforcement Office of the debtor’s place of residence (whether a natural or a legal person) on the date of the proceedings. Where there is more than one debtor, proceedings may be opened at the residence of any one of them.
• The Enforcement Office of the place of performance of the contract: For debts arising out of a contract, the Enforcement Office of the place where the contract is to be performed is also competent. Since money debts are “portable debts” under the Turkish Code of Obligations (TCO Art. 89), the Enforcement Office of the creditor’s residence is also competent unless the contract provides otherwise.
• Jurisdiction agreements (EBL Art. 50 / CCP Art. 17): Specially designated Enforcement Offices agreed in contracts between merchants or public legal persons are directly competent under Turkish law as well.

What Is the Difference Between a Payment Order and an Enforcement Order in Turkey?

In Turkish enforcement law the payment order and the enforcement order served on the debtor look similar in form, but they are two distinct enforcement documents that radically change the debtor’s legal position, his rights of defence and the course of the proceedings. The basis of the difference is whether or not the proceedings rest on a court judgment.

1. The Payment Order in Turkey and Its Legal Consequences

A payment order is the document sent to the debtor by the Enforcement Office in enforcement without a court judgment (the general attachment route, negotiable instrument proceedings or eviction from leased immovable property), which the creditor has opened without holding a court judgment or a document equivalent to one.

• The debtor’s right of defence: A debtor who receives a payment order may argue that the debt never arose, that it has been paid or that it is time-barred (objection to the debt), that the signature on the instrument is not his (objection to the signature) or that the Enforcement Office lacks jurisdiction (objection to jurisdiction).
• Time limits for objecting: On the general attachment route the period for objecting is 7 days from service. In proceedings specific to negotiable instruments the period for objecting is 5 days from service.
• Effect of the objection on the proceedings: Under Turkish law a valid objection made on the general attachment route stops the proceedings automatically. In negotiable instrument proceedings, by contrast, an objection on its own does not stop the proceedings; an interim order must be obtained from the Enforcement Court.

2. The Enforcement Order in Turkey and Its Legal Consequences

An enforcement order is sent to the debtor in enforcement based on a court judgment, where the existence of the claim has been established by a court judgment or by a document equivalent to one under Turkish legislation (for example a mediation record carrying a certificate of enforceability).

• The debtor’s right of defence: Because the claim has already been tried and determined, the debtor has no right to object to the substance, the existence or the amount of the debt.
• Period for payment: In Turkey the enforcement order warns the debtor to pay the debt within 7 days.
• Legal protection (stay of enforcement): The debtor can obtain an order for “stay of enforcement” (EBL Art. 33) from the Enforcement Court only by proving, with an official document or one whose signature has been admitted, that after the judgment was drawn up the debt has been paid, that the creditor granted him time or that the claim is time-barred.

How Is an Objection Made to Enforcement Proceedings in Turkey?

The objection, which is the debtor’s most basic defence mechanism against enforcement without a court judgment, is, in Turkish law, a legal right that runs from service of the payment order and stops the proceedings automatically without any approval from the enforcement director.

1- Procedure and Time Limit for Objecting in Turkey (EBL Art. 62)

In enforcement without a court judgment the debtor in Turkey may object within 7 days of service of the payment order (5 days in negotiable instrument proceedings) by a petition handed in to the Enforcement Office conducting the proceedings, or by having an oral statement recorded. A valid objection made in time stops the proceedings and, until the creditor has had the objection set aside, the attachment stage cannot be reached.

2- Types of Objection and the Procedural Rules to Watch in Turkey

Under Turkish law more than one ground of objection may be raised in the same objection petition; each of them, however, must be stated expressly and in accordance with the procedural rules:

• Objection to the debt: This covers the arguments that the debt never arose, that it has been discharged (paid) or is time-barred, or that its amount is wrong. If only part of the debt is objected to (a partial objection), the amount and the nature of the objection must be stated expressly and in figures. Otherwise the debtor is treated as not having objected at all and the proceedings become final for the whole amount.
• Objection to the signature: This is the claim that the signature on the instrument or document relied on does not belong to the debtor. The objection to the signature must be stated “separately and expressly” in the petition. If the debtor merely says “I object to the debt”, the signature on the instrument is treated as admitted by operation of Turkish law.
• Objection to jurisdiction: This is the claim that the Enforcement Office where the proceedings were opened lacks jurisdiction. When objecting to jurisdiction the debtor must also identify expressly the Enforcement Office he considers competent. Otherwise the objection to jurisdiction is treated as invalid.

3- Late Objection in Turkey (EBL Art. 65)

This is an exceptional route in Turkish law used where the debtor has missed the 7-day statutory period for reasons beyond his control (serious illness, detention, a natural disaster or defective service).

• Time limit: The debtor must apply within 3 days of the day the impediment ceased.
• Authority: The application is made not to the Enforcement Office but directly to the Enforcement Court.
• Conditions: In his petition the debtor must put forward both the evidence proving his excuse and his substantive grounds of objection to the proceedings. If the court accepts the excuse, the proceedings are stopped.

4- Consequences in Turkey of Not Objecting to a Payment Order

Failure to object to a payment order in time does not mean that the debtor has accepted the debt as a matter of substantive law; as far as compulsory enforcement law in Turkey is concerned, however, the proceedings become final. Once they are final the creditor acquires the power to have attachments placed directly on the debtor’s bank accounts, movable and immovable property and claims against third parties, and to request their sale. The only legal action open to a debtor who has allowed the proceedings to become final by not objecting in time is to bring a court case before the general courts:

• Negative declaratory action (EBL Art. 72): A debtor under the threat of compulsory enforcement may, before making any payment, bring an action for a declaration that he is not liable. During the case an interim injunction stopping the enforcement proceedings may be sought by depositing security of not less than 15%.
• Restitution lawsuit (EBL Art. 72): The debtor may claim back money he was forced to pay under the pressure of compulsory enforcement by bringing a lawsuit within 1 year of the date of payment.
• Allocation of the burden of proof: Before the Turkish courts the fact that the proceedings have become final does not by itself reverse the burden of proof. In a negative declaratory action the burden of proof rests, as a rule, on the defendant who claims to be the creditor; it is he who must prove that the claim exists. The moment the creditor proves his claim, the burden of proving that he is not liable, or that the debt has been paid, passes to the debtor. In a restitution lawsuit, by contrast, the debtor who paid under the pressure of compulsory enforcement bears the burden of proving that he paid money he did not owe.

What Can the Creditor Do in Turkey If the Enforcement Proceedings Are Opposed?

Where the debtor stops the proceedings by objecting to the payment order, the creditor has two basic legal routes available for setting the stopped proceedings in motion again. Which one is chosen depends, under Turkish law, on the nature of the document the creditor holds, the trial procedure and the statutory conditions.

1. Definitive Removal of the Objection in Turkey (EBL Art. 68)

Under Turkish law this is a practical and fast form of review designed for a creditor who holds qualified and strong written evidence.

• Competent authority: The Enforcement Court.
• Time limit: 6 months from the date the objection was served on the creditor. If removal of the objection is not sought within that period, fresh enforcement without a court judgment cannot be brought for the same claim; the creditor must file a lawsuit before the general court.
• Conditions: The claim must rest on an instrument containing an acknowledgement of debt whose signature has been admitted, a notarised acknowledgement of debt or a document issued by a public office within its powers.
• Trial procedure: The Enforcement Court in Turkey has limited jurisdiction and the review is carried out, as a rule, on the documents; witnesses cannot be heard and there is no full trial under the general rules.

2. Action for the Annulment of the Objection in Turkey (EBL Art. 67)

Where there is no qualified document in hand within the meaning of EBL Art. 68 (for example where there is only an invoice, delivery note, e-mail exchange or current account statement), this is the general trial route used.

• Competent authority: The general courts (the Civil Court of First Instance, the Commercial Court of First Instance or the Consumer Court).
• Time limit: 1 year from the date the objection was served on the creditor.
• Legal nature: As the Court of Cassation Assembly of Civil Chambers stressed in its decision Case No. 2023/964, Decision No. 2024/532, the basic purpose of this court case is “to secure the continuation of proceedings stopped by an objection.” Before the Turkish courts the general court may go into the merits of the dispute and examine witnesses, expert reports and every kind of legal evidence in doing so.

3. Mandatory Mediation in an Action for the Annulment of the Objection in Turkey

In enforcement proceedings the strength of the document determines, under Turkish law, not only the court but also the mediation requirement that comes before it:

• Opening the proceedings: In Turkey enforcement without a court judgment is at no stage subject to mandatory mediation.
• Removal of the objection: No mediation requirement applies to a request for removal of the objection made to the Enforcement Court; the creditor may apply to that court directly.
• Action for the annulment of the objection: If the dispute arises from a commercial claim or from an employer-employee relationship, completing the mandatory mediation process before an action for the annulment of the objection is filed before the general court is compulsory. Since 01.09.2023 the same requirement has applied to actions for the annulment of an objection brought for claims arising from a lease relationship, from condominium ownership and from neighbour rights.
• In short: A creditor holding an instrument whose signature has been admitted or a notarised document may go directly to the Enforcement Court, whereas a creditor relying only on an invoice or a current account must run the mediation process before filing suit and attach the record of non-agreement to the statement of claim.

4. Compensation for Denial of the Debt and Bad Faith Compensation in Turkey (EBL Art. 67/2)

In proceedings for the annulment or the removal of an objection, Turkish legislation lays down deterrent sanctions to prevent unfounded objections and bad faith enforcement:

• Compensation for denial of the debt (against the debtor): It is awarded in favour of the creditor on the amount in respect of which the debtor’s objection is found to be unjustified.
• Bad faith compensation (against the creditor): If the creditor is found to have been unjustified and in bad faith in his proceedings, it is awarded in favour of the debtor on the amount dismissed.
• Rate and nature of the compensation: Under the Court of Cassation Assembly of Civil Chambers (Case No. 2023/964, Decision No. 2024/532):
  • The compensation cannot be less than 20% of the claim awarded, and the law sets no upper limit.
  • It is not compensation for loss in the classical sense of the law of obligations but a public sanction designed to deter the debtor from objecting to a payment order without justification.
• Requirement of a liquidated claim: Under Turkish law, for compensation for denial of the debt to be awarded, the claim must be liquidated (its amount clearly ascertainable, or capable of being calculated by the debtor on his own).

How Are Enforcement Proceedings Checked in Turkey?

Whether execution proceedings have been opened against someone in Turkey can be checked through official digital systems or directly with the competent authorities, without paying any fee.

1. Methods of Checking Execution Proceedings in Turkey

2. Information to Be Checked on an Enforcement File in Turkey

• Status of the file: This shows the current legal status of the file:
  • Pending: An open file on which steps are actively continuing.
  • Closed: A file closed altogether because the debt has been paid or the proceedings have been withdrawn.
  • Struck off the docket: A file that has lapsed for want of prosecution because the creditor has not asked for attachment for 1 year (and which is subject to a request for renewal).
• Date of service of the payment order: This is the most critical piece of data for the debtor. Under Turkish law the statutory periods for objecting (7 days in general enforcement, 5 days for negotiable instruments) to a payment order or an enforcement order start to run from the day after the date of service.
• Date of the last step: This is the date on which the last procedural step on the file (a request for attachment, a sale, a renewal and so on) was taken. In Turkey it is the reference point for tracking limitation periods and the date on which the file lapses for want of prosecution.

3. Effect of Enforcement Proceedings on Credit Records and KKB Data in Turkey

• Judicial records and credit records are separate: The mere fact that execution proceedings have been opened does not by itself produce, under Turkish law, an automatic “blacklisting” at the Credit Bureau (KKB).
• The position of bank and financial debts: If the debt in question arises from a bank loan, a credit card or a finance contract, the banks are required by law to notify the KKB and the Risk Centre of the Banks Association of Turkey once the debt falls 90 days into arrears. That record of financial arrears appears on the KKB file independently of any enforcement proceedings and lowers the credit score.

What Happens in Turkey If a Debt Is Not Paid?

Where no objection is made in time to the payment order or the objection is set aside by a court decision, the enforcement proceedings become final. That gives the creditor the power to move to the compulsory enforcement (attachment) stage, in which the debtor’s assets are taken up to the amount of the claim. Whether the attachment and sale stages can be carried through without lapsing depends on compliance with the time limits laid down by law:

• Period for requesting attachment (EBL Art. 78): Under Turkish law the creditor must ask for attachment of the debtor’s assets within 1 year of the date the payment order was served. If attachment is not requested within that period, the enforcement file is struck off the docket (lapses).
• Period for requesting a sale (EBL Art. 106): Following the amendment made in Turkey by Law No. 7343, the sale of attached movable or immovable property may be requested within 1 year of the date of attachment (the old distinction between 6 months for movables and 1 year for immovables has been abolished). The request for sale must be accompanied by payment in advance of the whole of the valuation and sale costs.

On the sale procedure and the payment of costs, the decision of the Court of Cassation Assembly of Civil Chambers dated 12.11.2025, Case No. 2025/141, Decision No. 2025/712 is a leading authority in Turkey:

• Invalidity of the request for sale: Before the Turkish courts, merely having made a request for sale is not treated as sufficient. If the sale and valuation costs are not paid in full within the statutory period, the request for sale is treated as never having been made and, as a result, the seizure over the asset concerned lapses as a matter of law.
• Effect on a complaint of exemption from seizure: That decision stressed the principle that “for a complaint of exemption from seizure to be made, a legally valid attachment must exist as at the date of the complaint”. If it is established that the attachment lapsed before the date of the complaint, the application is treated as pointless because it has no subject matter; if the attachment is found to have lapsed during the examination of the complaint, the court rules that there is no need to decide on the merits of the complaint.

Can Goods Be Seized at the Debtor’s Home in Turkey?

Enforcement officers in Turkey may lawfully go to the debtor’s home and carry out a search at the place of seizure. Entering the home is, however, a different legal process from actually taking the goods there into custody and attaching them. As a result of the reforms begun in Article 82 of the Enforcement and Bankruptcy Law (EBL) by Law No. 6352 in 2012 and completed by the amendments that came into force through Law No. 7445 on 05.04.2023, the area of protection over household goods has been widened step by step.

• Which Assets Cannot Be Attached in Turkey? (EBL Art. 82)

Under the provision of Turkish law the principal items declared exempt from seizure so that the debtor and his family can carry on their lives are the following:

1. Personal effects and household goods: The personal effects of the debtor and of the family members living under the same roof, together with all household goods serving the family’s common use, cannot be attached. Before the amendment made by Law No. 7445, which came into force on 05.04.2023, where more than one item serving the same purpose was present in the home the necessary one was left to the debtor and the rest could be attached; that distinction has been abolished. The only group left outside the scope of the paragraph is valuables such as money, negotiable securities, gold, silver, precious stones, antiques or ornamental objects.
2. Items needed to carry on a trade: In Turkey the tools and equipment essential for carrying on a trade based on physical labour, together with the land, animals and agricultural implements needed for a farmer’s livelihood, fall outside the scope of attachment.
3. A home suited to the debtor’s standing (protection of the family home): Under EBL Art. 82/1-12, a home suited to the social and economic position of the debtor and his family cannot be attached.
4. Health compensation and student grants: Pecuniary and non-pecuniary compensation paid for injury to the body or to health, and grants made to students, are entirely outside attachment.
5. Certain salaries and benefit payments: Salaries awarded to the families of fallen soldiers, to veterans and to the disabled, and payments made by benevolent funds, are protected.

• What Are the Exceptions to the Rule Against Attachment in Turkey?

The rule against attachment is not absolute under Turkish law and is subject to the limits and exceptions set out in the legislation:

1. Assets of excessive value: In the Turkish legal system this mechanism operates only in respect of trade tools and equipment, a farmer’s land and animals, vineyards and gardens, craft tools and a home suited to the debtor’s standing — that is, in respect of sub-paragraphs 2, 4, 7 and 12 of the first paragraph. Where the value of those assets is excessive for the debtor’s standing, the asset is attached and sold at public auction, a part of the sale price suited to the debtor’s standing is left to him in cash to meet his needs, and the balance is paid to the creditor. Household goods in Turkey fall outside the scope of that paragraph; for household goods the limit is drawn by leaving the valuables listed in the text of the sub-paragraph outside the protection from the start.
2. The debt arising from the price of the asset: This exception applies not to every sub-paragraph but only to the assets listed in sub-paragraphs 2, 4, 5, 7 and 12. For those assets the protection against attachment depends on the condition that the debt being enforced does not arise directly from the price of that very item. For example, in proceedings opened in Turkey because of unpaid instalments on an agricultural implement bought by instalments, that implement can be seized. By contrast, sub-paragraph 3, which covers household goods, is not among those to which this exception applies.

Can a Bank Account or a Salary Be Attached in Turkey?

Deposits in bank accounts and the debtor’s salary and wage income are assets that can be seized in compulsory enforcement in Turkey. The attachment procedure for these two types of asset, their statutory limits and the mechanisms protecting the debtor are, however, subject to entirely different legal regimes.

1. Attachment of Bank Accounts in Turkey (EBL Art. 89)

Garnishment of claims held in bank accounts is the method that produces the fastest result in practice in Turkey and is carried out under Article 89 of the Enforcement and Bankruptcy Law. The notices sent to banks and to third parties have a three-stage structure:

• 1st garnishment notice: It is served on the bank or the third party. If the bank states that it holds no right or claim belonging to the debtor, it must object within 7 days of service.
• 2nd garnishment notice: It is sent where no objection has been made to the first notice in time. The third party is warned that the debt is treated as owed by him and is given a fresh period of 7 days in which to object.
• 3rd garnishment notice: It is served where no objection has been made to the second notice either. The bank or third party must, within 15 days of service, either pay the money to the Enforcement Office or bring a negative declaratory action before the general courts; otherwise the debt becomes final against him.

2. Garnishment of Salaries and Wages in Turkey (EBL Art. 83)

So that the debtor and his family can carry on their lives, the garnishment of salaries, wages, usufruct rights and pension income is subject to statutory limits:

• Statutory rate of garnishment: Salaries and wages are attached after deduction of the amount the enforcement officer considers necessary and assesses for the livelihood of the debtor and his family. What the law lays down here is not a ceiling but a floor. Under Turkish law the amount to be attached cannot be less than one quarter of the salary. In practice the deduction is as a rule made at the rate of one quarter, but it is legally possible for the rate assessed to be set above that floor according to the debtor’s circumstances.
• Exception (maintenance claims): The statutory 1/4 limit does not apply to current maintenance claims. The monthly maintenance ordered by a court is deducted and collected in priority even out of the whole of the salary.

3. Differences in Turkey Between an Attachment on a Salary Account and Direct Wage Garnishment

The wage garnishment order sent to the employer and the block placed on a bank account are frequently confused in practice in Turkey:

• Wage garnishment order: In Turkey it is addressed directly to the employer. The employer is obliged to deduct 1/4 of the debtor’s salary and pay it into the Enforcement Office account.
• Attachment of a bank account (EBL Art. 89): It is sent directly to the bank. Through its systems the bank can place a block on the whole of the balance in the account.
• Legal protection: Under Turkish law, where a block is placed on the bank account into which the salary is paid, seizing the part that exceeds 1/4 of the salary is unlawful. In that case the debtor should make a complaint to the Enforcement Court within 7 days (EBL Art. 16) of learning of the attachment and ask for the block on the part exceeding 1/4 to be lifted.

Can the Home the Debtor Lives in Be Attached in Turkey?

Where the immovable property in which the debtor lives is attached, the institution of the family home exemption complaint (a complaint of exemption from seizure) applies in order to protect the debtor’s right to shelter. Turkish law does not place absolute protection on ownership of the immovable asset itself; what it secures is the debtor’s ability to go on living in a home suited to the social and economic position of himself and his family.

1. The Family Home Exemption Complaint in Turkey and the Criteria for Assessing It

Before the Turkish courts, in the examination carried out by the Enforcement Court, the market value of the real estate as at the date of attachment is compared with the value at which the debtor could buy a home suited to his standing:

• Where the value of the home is higher than the price of a home suited to the debtor’s standing: In Turkey the real estate is sold by public auction. Out of the sale price the debtor is given in cash the amount with which he could buy a home suited to his standing; the balance is transferred to the enforcement file to be paid to the creditor.
• Where the value of the home is lower than or equal to the price of a home suited to the debtor’s standing: On the ground that there is no value beyond the debtor’s need for a home suited to his standing, the court orders the attachment to be lifted.
• A critical procedural rule: The value of a home suited to the debtor’s standing is determined and compared by reference to the date on which the attachment was carried out, not the date of the lawsuit or of the sale.

2. How Is a Family Home Exemption Complaint Made in Turkey?

• Time limit: The family home claim must be raised within 7 days of the date the attachment became known.
• Authority: The application is made by lodging a complaint petition with the Enforcement Court of the place where the proceedings are being conducted.
• Standing: Under Turkish law the right to make a family home exemption complaint belongs exclusively to the debtor in the proceedings. 3rd parties who do not have the status of debtor, and family members, have no capacity to make this complaint independently.

3. The Sale and Distribution Process in Turkey If the Home Is Attached

In Turkey, turning the seized real estate into money is carried out by public auction through the electronic sale system of the Ministry of Justice:

• Valuation and objection: An action objecting to the valuation may be brought before the Enforcement Court within 7 days of service of the valuation report obtained by the Enforcement Office.
• Distribution of the sale price and the ranking schedule: The costs of custody and sale are deducted from the sale price first. The balance is paid to the creditors. Where there is more than one seizure or right over the same real estate, payment is made according to the ranking schedule:
  • First rank: Holders of a pledge over the immovable property (a mortgage).
  • Second rank: What is left after the secured creditor is distributed, by the reference in EBL Art. 140, according to the ranking schedule in Art. 206. There, preferential claims such as employees’ claims arising from the employment relationship and maintenance claims accrued in the last year rank ahead of ordinary creditors who have obtained an attachment; among non-preferential creditors the priority of the seizure dates is decisive.

4. The Certificate of Insolvency in Turkey and Its Legal Consequences (EBL Art. 143)

Where the price obtained from the sale of the immovable asset is not enough to cover the debt, or where the debtor has no other attachable assets, a certificate of insolvency is drawn up and given to the creditor under Turkish law.

• The right to bring fresh proceedings: It gives the creditor the power to open fresh execution proceedings against the debtor within the limitation periods, or to continue the existing ones.
• A precondition for an action for the annulment of fraudulent transfers: The certificate of insolvency is a special condition of the lawsuit for an action for the annulment of fraudulent transfers (EBL Art. 277 et seq.) brought to set aside collusive or gratuitous transfers made by the debtor to put assets beyond the reach of his creditors.

What Should a Debtor in Turkey Do If Enforcement Proceedings Are Opened Against Him?

Once the payment order has been served on the debtor in Turkey, the statutory time limits begin to run. To avoid a loss of rights, the basic procedural steps the debtor should follow are set out below.

1. Establishing the Date of Service in Turkey and Complaining of Defective Service

The starting point for every statutory period for objecting and seeking a remedy is the date of service. Where service has been carried out defectively (for example at the debtor’s former address, or improperly through the local headman), the position under Turkish law is as follows:

• The date on which the debtor learned of the position is treated as the real date of service.
• A complaint of defective service must be made to the Enforcement Court within 7 days of the date of that knowledge.

2. Identifying the Type of Proceedings in Turkey and the Competent Authority

Whether the document received is a payment order or an enforcement order determines, in Turkish enforcement law, the procedure and the time limit for objecting:

• Enforcement without a court judgment (the general attachment route): The objection to the payment order is made within 7 days of service by lodging a petition with the Enforcement Office conducting the proceedings. The objection stops the proceedings automatically.
• Proceedings specific to negotiable instruments (cheque, promissory note, bill of exchange): The period for objecting is 5 days from service. The objection is made not to the Enforcement Office but to the Enforcement Court. In negotiable instrument proceedings the objection does not stop the proceedings automatically; an interim injunction staying the sale or the proceedings must be sought from the court.
• Proceedings on a court judgment (enforcement order): Because they rest on a court judgment, no general objection to the debt can be made against them. The debtor may, however, raise before the Enforcement Court the arguments that the debt has been discharged (paid), that it is time-barred or that the creditor granted him a period of grace.

3. Scope and Elements of the Objection Petition in Turkey

Particular procedural rules under Turkish law must be observed when the objection petition is drawn up:

• Objection to the signature: If the signature on the document relied on does not belong to the debtor, this must be stated expressly and separately in the petition. Otherwise the signature is treated as admitted.
• Partial objection: If only part of the debt is objected to, the amount objected to must be shown clearly and in figures. Vague statements such as “my debt is not this much” are treated as invalid and produce the result that no objection was made at all.

4. Instalments and Undertakings in Turkey Where the Debt Is Admitted (EBL Art. 111)

Where the debt is admitted, or the proceedings have become final because no objection was made, the debt may be paid by instalments under Turkish legislation:

• Instalment agreement at the Enforcement Office: An instalment agreement made with the creditor’s consent, or within the statutory conditions (payment of the first instalment in advance and of the balance in equal monthly instalments), stops the attachment steps and interrupts the periods for requesting attachment.
• Criminal liability: Where an instalment undertaking given at the Enforcement Office is breached without just cause, coercive imprisonment (EBL Art. 340) may be imposed on the debtor on the creditor’s complaint.

5. Negative Declaratory and Restitution Lawsuits in Turkey Where There Is No Debt

• Negative declaratory action (EBL Art. 72): It is brought before the Turkish courts before or during the proceedings in order to establish that no debt is owed. In a case brought after the proceedings have started, an interim injunction stopping the proceedings may be obtained by depositing security with the court (as a rule not less than 15%).
• Restitution lawsuit: This is the legal action brought within 1 year of the date of payment to recover a sum that was not owed but was paid under the threat of enforcement proceedings and attachment.

What Can Be Done in Turkey If the Debtor Hides His Assets?

The fact that attachment steps bear no fruit or that the debtor appears to have run through his assets does not mean that any prospect of collecting the debt has gone for good. The Turkish legal system provides three basic legal protection mechanisms against the debtor putting assets beyond reach, through criminal sanctions and, for merchants, through collective liquidation procedures.

1. The Action for the Annulment of Fraudulent Transfers in Turkey (EBL Art. 277 et seq.)

Under Turkish law this is the legal action brought to set aside transfers and dispositions the debtor has made to third parties in order to put assets beyond the reach of his creditors.

• Purpose and nature of the lawsuit: The lawsuit does not transfer ownership of the asset directly to the creditor; it gives the creditor the power to carry out compulsory enforcement and to obtain an attachment over the asset or right in question as though it still belonged to the debtor.
• Condition of the lawsuit: In Turkey the creditor must hold a provisional or definitive certificate of insolvency (EBL Art. 143 / Art. 105) obtained as a result of enforcement action.
• A critical statutory amendment to EBL Art. 278 (December 2025):
  • EBL Art. 278 (nullity of gratuitous transfers) was re-enacted by Law No. 7571 dated 24/12/2025.
  • By that amendment, the 2-year period for setting aside transfers, running back from the date on which a provisional or definitive certificate of insolvency or an attachment record having that character was drawn up, or from the date bankruptcy was opened, has been reduced to 1 year. Gifts and gratuitous transfers made in the last 1 year before that date are open to being set aside.
  • Lawsuits brought in reliance on the 2-year period found in earlier case law and in template petitions will be dismissed as out of time so far as transfers going back more than 1 year are concerned.
  • Transfers made by the debtor to his descendants and ascendants, to blood relatives up to and including the third degree, to his spouse even where the marriage ended within the last year, to relatives by marriage up to and including the third degree, between adopter and adopted, and to persons living in the shared home, are treated as gifts unless they are proved to have been made for value corresponding to their true worth. Under the new provision that presumption has been made rebuttable (a simple presumption).
• Distinction from collusive transfers by a deceased person: Where the act of putting assets beyond reach arises out of inheritance relationships or out of an intention to keep assets out of the estate, what should be brought is not an action for the annulment of fraudulent transfers but an action for cancellation of the title deed and re-registration based on collusive transfer by the deceased, within the framework of the Turkish Civil Code and the Code of Obligations.

2. Acts Falling Within the Jurisdiction of the Enforcement Criminal Court in Turkey

After the proceedings have become final, a debtor’s failure to comply with his statutory obligations and his concealment of assets carry criminal sanctions:

• Failure to make an asset declaration (EBL Art. 337): A debtor who does not make an asset declaration within 7 days of service of the payment or enforcement order is punished with coercive imprisonment on the creditor’s complaint. If the debtor then makes the declaration, the penalty falls away with all its consequences.
• False asset declaration (EBL Art. 338): A debtor who declares his assets incompletely, misleadingly or untruthfully faces imprisonment on the creditor’s complaint.
• Breach of an enforcement undertaking (EBL Art. 340): Where a payment undertaking properly given at the Enforcement Office with the creditor’s consent is breached without just cause, coercive imprisonment of up to 3 months is imposed on the creditor’s complaint.
• Issuing a cheque without cover (Cheque Law Art. 5): Where a cheque is not met on presentation within time, the creditor’s complaint leads to a ban on issuing cheques and on opening a cheque account together with a judicial fine. If the act involves deceit or fraud, a separate investigation is carried out under the Turkish Penal Code.

3. Bankruptcy Proceedings in Turkey for Commercial Companies and Merchants

Where the debtor is a merchant or one of the persons subject to bankruptcy under Turkish law, bankruptcy proceedings, which are a liquidation procedure, may be chosen instead of individual seizure proceedings.

• Collective liquidation: When bankruptcy is opened, all the debtor’s attachable assets (the bankruptcy estate) are brought together and all the creditors’ claims are paid proportionately.
• Liability of company directors: In capital companies the company as a legal person is, as a rule, liable for the debts. For public claims (taxes, social security premiums), however, the personal (joint and several) liability of the company’s statutory representatives and shareholders arises under Law No. 6183.

How Is Money Lent Recovered in Turkey?

When money or value is lent, whether the claim is fully secured under Turkish law and whether rights are lost at any later enforcement stage depend on the type and content of the document drawn up when the debt arose, and on the statutory formalities.

1. Formal Notice and Default in Turkey for Debts With No Due Date (TCO Art. 392)

In a debt relationship, if no express date for repayment (due date) has been written into the instrument or the contract, Turkish law does not treat the debt as having fallen due the moment the debtor received the money.

• The statutory provision: Under Article 392 of the Turkish Code of Obligations (Loan for Consumption / Time of Return), where no particular day, notice period or provision that the debt falls due when repayment is demanded has been agreed for the return of the loan, the borrower is not obliged to return it until six weeks have passed from the first demand (the notice). Where the contract provides that the debt falls due when it is demanded, the six-week period does not run.
• Procedural consequence: For claims with no fixed due date, if a demand letter is sent through a notary or in writing but enforcement proceedings are opened or a court case is filed before the 6-week statutory period has run, then once the debtor objects the proceedings or the case are dismissed on procedural grounds on the basis that “the claim has not yet fallen due.” For that reason, the first step in recovering a debt with no due date in Turkey is to let the 6-week notice period run in full.

2. Legal Safeguards in Turkey Provided by a Debt Instrument and Other Documents

• Having a negotiable instrument (promissory note / cheque) drawn up: It gives the creditor the fast enforcement route reserved under Turkish legislation for negotiable instruments. Unlike enforcement without a court judgment, an objection made by the debtor to the Enforcement Office does not stop the proceedings automatically; that puts the creditor in the strongest legal position. The instrument must contain the amount, the due date, the date of issue, the signature of the issuer and, expressly in the text, the words “Promissory Note” or “Note Payable to Order”. If any one of these is missing, the instrument loses its character as a negotiable instrument and becomes an ordinary instrument.
• Having the signature certified by a notary (acknowledgement of debt): Documents acknowledging a debt that are drawn up before a notary or whose signature is certified there open the route to definitive removal of the objection (EBL Art. 68) at the Enforcement Court if the debtor objects without justification. Compared with an action for the annulment of the objection before the general courts, this procedure takes months less.
• Making the payment through a bank with a description: Because of the limit above which a written instrument is required, proving under Turkish law that money handed over in cash was a loan is not possible by witness evidence. When a bank transfer is made, the description field should expressly state “Given as a loan”. Otherwise, under the case law of the Court of Cassation, the transfer is presumed to be the payment (performance) of an existing debt.

3. Setting Out Security and Default Terms in the Contract in Turkey

• Security in rem and personal security (mortgage, pledge, suretyship): Under Turkish law, against the risk of the debtor losing his ability to pay, a mortgage over immovable property, a pledge over movables or a suretyship from a third party should be taken. Under the formal requirements for suretyship (TCO Art. 583), for a contract of suretyship to be valid the maximum amount for which the surety will be liable, the date of the suretyship and the statement of intention that he is a “joint and several surety” must be written by the surety in his own hand.
• Reviewing the content of the contract: Where the debt relationship rests on a contract, agreeing expressly in that contract on the due date for payment, the rate of default interest and the competent Enforcement Office heads off disputes at the collection stage from the outset.

4. Keeping Track of Limitation Periods for Debts in Turkey

Enforcement action taken in Turkey after the statute of limitations has run is defeated by the debtor’s defence (objection) of limitation:

• General limitation period: For ordinary claims it is, as a rule, 10 years (TCO Art. 146).
• Periodic obligations: For periodic obligations such as rent, interest and wages the period under Turkish law is 5 years.
• Negotiable instruments: For a promissory note, the limitation period between the holder and the principal debtor is 3 years from the due date.

Debt Collection in Turkey by Foreign Nationals

Foreign natural and legal persons pursuing a claim in Turkey are subject to the same general procedures of debt enforcement law in Turkey and the same trial procedures as Turkish citizens; special statutory rules apply, however, in areas such as security, the execution of foreign judgments, the choice of exchange rate and the rules on powers of attorney.

1. The Obligation to Provide Security in Turkey (PILA Art. 48)

Foreign natural and legal persons who open enforcement proceedings, bring a lawsuit or join a court case in Turkey must provide the security assessed by the court or the Enforcement Office to cover the costs of the proceedings and the other side’s likely loss. Where there is a bilateral or multilateral international agreement between Turkey and the state of which the foreign person is a national (for example the Hague Convention on Civil Procedure), or where actual reciprocity exists, the court may order exemption from security.

2. Enforcement in Turkey of Foreign Court Judgments and Arbitral Awards

Judgments given by a court of a foreign country or by an arbitrator cannot be put into enforcement directly in Turkey.

• For the judgment to be executed through the Turkish Enforcement Offices, an enforcement action must first be brought before the competent Turkish court (the Civil Court of First Instance / Commercial Court of First Instance).
• Once the enforcement decision has been given and has become final, the foreign judgment acquires the status of a Turkish court judgment and can be made the subject of enforcement proceedings based on a court judgment. A similar enforcement procedure applies to foreign arbitral awards as well.

3. Debt Enforcement Proceedings in Turkey for Foreign Currency Claims and the Choice of Exchange Rate (EBL Art. 58)

If the claim arose in a foreign currency, execution proceedings may be opened directly in that foreign currency.

• The right to convert: In the enforcement request the creditor must state the Turkish lira equivalent of the claim.
• The creditor’s right of choice: Under Turkish legislation the creditor has the right to choose, when converting the claim into Turkish lira, between the rate on the due date and the rate on the date of actual payment.

4. Power of Attorney, Apostille and Procedural Preparations in Turkey

The commonest delay creditors not resident in Turkey meet when starting proceedings lies in the rules on powers of attorney:

• A power of attorney drawn up abroad must carry an Apostille certificate (or be certified by a Turkish consulate).
• The document must be translated into Turkish by a sworn translator in Turkey and certified by a notary. If these steps are not completed before the proceedings, the start of the process can be delayed by weeks. For files run from abroad, online advice and progress reporting keep the loss of time to a minimum.

Why It Matters to Work with an Enforcement Lawyer in Turkey

In enforcement and bankruptcy law in Turkey, the fact that a claim is well founded is not on its own enough for it to be collected. Choosing the right enforcement route, not missing the statutory time limits and carrying out the seizure and sale steps in proper form bear directly on whether the debt is recovered.

1. Choosing the Right Enforcement Route in Turkey

Under Turkish law the same enforcement route cannot be used for every claim. Choosing the wrong enforcement route can waste time and, in some cases, cause the proceedings to be annulled.

• The duty to pursue the pledge first (EBL Art. 45): For claims secured by a pledge or a mortgage, the enforcement route must be identified correctly.
• Negotiable instruments: For claims based on a promissory note, a cheque or a bill of exchange, it matters that the procedural advantages offered by the enforcement route specific to negotiable instruments are not lost.

An enforcement lawyer examines the nature of the claim and of the documents and makes sure the appropriate enforcement route is identified.

2. Keeping Track of the Statutory Time Limits in Turkey

In the Turkish legal system, on enforcement files steps such as objections, attachment and sale are subject to short and strict time limits. Letting a period pass can cause a loss of rights.

In particular, making the objection to the debt and to the signature in the right form and making the applications needed for the removal or the annulment of the objection in time are essential. An enforcement lawyer keeps track of the periods on the file and makes sure the necessary steps are taken on time.

3. Following Up Attachment and Sale Steps in Turkey

Placing an attachment does not mean the debt has been collected. The period for requesting a sale and the advance on the sale costs under EBL Arts. 106-110 have to be followed up.

If the sale steps are not carried out in time and in proper form, the seizure may lapse or the creditor may lose his place in the order of seizures. That is why it matters that the enforcement lawyer follows the file actively from attachment right through to the sale stage.

In debt enforcement proceedings, the right enforcement route, keeping track of the time limits and carrying out the attachment and sale steps in proper form are the basic elements of debt recovery. Working with a lawyer who practises debt enforcement law in Turkey means these steps are followed as a whole and losses of rights that can arise from procedural mistakes are prevented.