In general enforcement, the debtor’s objection to the payment order stays the proceeding. To continue, the creditor must overcome the objection. One of the routes heard in the general court is the action for annulment of the objection (İİK Art. 67).
Conditions and time limit
The creditor may bring the annulment action within one year of service of the objection. This one-year period is a strict time limit; if missed, this route closes, though the creditor’s right to bring an ordinary claim (performance) action under general provisions is reserved.
Competent court
The annulment action is heard not in the enforcement court but in the general court (civil court of first instance, commercial or consumer court, depending on the claim). In this it differs from removal of the objection, heard in the enforcement court.
Enforcement denial compensation
If the debtor’s objection is found unjustified, upon request the debtor may be ordered to pay enforcement denial compensation of no less than 20%. This arises for liquid (determinate or determinable) claims. Conversely, if the action is found to have been brought unjustifiably, compensation may be ordered against the creditor.
Proof and evidence
As the action is heard in the general court, the creditor may prove the claim by any evidence — an important advantage over removal of the objection, which relies only on specific documents.
When the annulment action is won, the stayed proceeding resumes where it left off.
Frequently asked questions
Key difference from removal of the objection?
Annulment is in the general court with any evidence; removal is in the enforcement court with only the documents in Art. 68.
What if the one-year period is missed?
The annulment route closes; the creditor may still bring an ordinary claim action.
Is the compensation always awarded?
No; as a rule the claim must be liquid and the compensation requested.
How does the proceeding continue?
Once a decision for the creditor becomes final, the stayed proceeding resumes and attachment-sale stages may follow. Seek a lawyer’s support for the process.
This content is for information only and does not constitute legal advice.