Enforcement based on a judgment (ilamlı icra) is the enforcement path initiated on the basis of a court judgment or a document deemed equivalent to a judgment by law. It is used when the creditor holds an enforceable court decision establishing the right.
Judgment-based vs. general enforcement
In general (non-judgment) enforcement the creditor need not rely on a document and a payment order is served on the debtor. In judgment-based enforcement the basis is a court judgment or an equivalent document, and the debtor is served a writ of execution rather than a payment order.
Documents equivalent to a judgment
Under Article 38 of the Enforcement and Bankruptcy Law (İİK), settlements and admissions made before a court and notarial deeds containing an unconditional acknowledgment of a monetary debt are treated as equivalent to judgments and may be enforced through this route.
Stages of the proceedings
- The creditor files an enforcement request with the competent enforcement office, attaching the judgment.
- The office serves a writ of execution on the debtor, granting time to pay in monetary claims.
- If the debtor neither pays nor obtains postponement in time, the proceeding becomes final.
- Attachment, sale and payment to the creditor follow.
The debtor’s remedies
As a rule, objection to a writ of execution does not stay enforcement. The debtor may only seek postponement of enforcement (İİK Art. 33), proving by qualified documents that the debt was later paid, deferred or time-barred.
Statute of limitations
Judgment-based proceedings are generally subject to a ten-year limitation period (İİK Art. 39), running from when the judgment becomes enforceable.
Frequently asked questions
Can a writ of execution be objected to?
There is no objection route as in general enforcement; the debtor’s remedy is postponement of enforcement, which must be documented.
Can enforcement start before the judgment is final?
As a rule judgments may be enforced before becoming final, subject to exceptions (e.g. certain family-law and immovable-property judgments).
Does an appeal stay enforcement?
Filing an appeal alone does not stay enforcement; a postponement decision, usually against security, is required.
Which office is competent?
The creditor may start proceedings at any enforcement office in Türkiye. For a definitive result, consult a lawyer and check current legislation.
This content is for general information only and does not constitute legal advice.
