Enforcement through attachment specific to negotiable instruments (cheques, promissory notes and bills), regulated in İİK Art. 167 et seq., offers the creditor a fast and powerful route. It can be started only on the basis of documents bearing the quality of a negotiable instrument.
Conditions
The document must qualify as a negotiable instrument and the creditor must be its lawful holder. Missing mandatory elements may cause the instrument to lose its negotiable quality.
Payment order and periods
Upon the request, a payment order specific to negotiable instruments is served on the debtor, who must act within the statutory periods to pay, object or complain.
Objection and complaint
Unlike general enforcement, the objection is made not to the enforcement office but to the enforcement court. The objection period is, as a rule, 5 days. Importantly, in negotiable-instrument enforcement the objection does not automatically stay the sale; the enforcement court may, if it finds the objection serious, order a stay against security.
Objection to signature and to the debt
The debtor may claim the signature is not theirs (objection to signature) or raise debt-related objections such as payment. Proper form for a signature objection is particularly important.
Frequently asked questions
Which documents qualify?
Only cheques, promissory notes and bills of exchange are negotiable instruments eligible for this route.
Does an objection stay the sale?
As a rule no; a stay requires an enforcement-court decision against security.
Where is the objection filed?
Not with the enforcement office but with the enforcement court, within the statutory period.
What if the instrument is time-barred?
If limitation periods expire, the instrument may lose the ability to be enforced as a negotiable instrument; consult a lawyer for current periods.
This content is for information only and does not constitute legal advice.
