General (non-judgment) enforcement is the path available for monetary and security claims even where the creditor holds no court judgment or document. It is one of the most frequently used types of proceedings in practice.
The payment order and its service
Upon the creditor’s request, the enforcement office serves a payment order on the debtor, setting out the periods for paying or objecting.
Objection to the payment order
The debtor may object at the enforcement office within 7 days of service. A timely objection automatically stays the proceeding. The debtor need not state a reason and may object to the debt, the signature or the jurisdiction.
The objection period is a strict time limit; if the 7 days are missed, the proceeding becomes final.
The creditor’s options
When the proceeding is stayed by an objection, the creditor has two main options:
- Action for annulment of the objection (İİK Art. 67): filed in the general court within one year of service of the objection. Where the claim is determinate, the losing party may be ordered to pay enforcement denial compensation of no less than 20%.
- Removal of the objection (İİK Art. 68): filed with the enforcement court based on the documents listed in Art. 68; faster but document-dependent.
Declaration of assets
If the debtor does not pay, they must declare their assets within the prescribed time.
Frequently asked questions
How is an objection made?
In writing or orally at the enforcement office conducting the proceeding, within the time limit.
Is a partial objection possible?
The debtor may object to part of the debt; the proceeding continues for the unopposed part.
Annulment vs. removal of objection?
Annulment is heard in the general court and may be proven by any evidence; removal is before the enforcement court and relies only on specific documents.
What if I miss the deadline?
If the 7-day period is missed the proceeding becomes final; late objection is possible only where there is a faultless impediment. Consult a lawyer for your specific situation.
This content is for general information and is not a substitute for legal advice.
