Under Turkish Enforcement and Bankruptcy Law, the debtor has the right to object to an enforcement proceeding initiated without a court judgment by declaring that the debt does not exist or that the creditor has no authority to pursue enforcement. This right is exercised through an objection to the payment order, which is one of the most effective legal remedies available to a debtor.
In this comprehensive guide, we examine the structure of enforcement proceedings, how and when to object to a payment order, the types of objections, and their legal effects. We also address a specific and important topic: objections in enforcement proceedings based on negotiable instruments (bills of exchange).
What Is Enforcement Proceeding?
An enforcement proceeding is a legal process initiated by the state to help creditors collect their claims through the force of law. It typically concerns monetary claims or security claims.
There are three main types of enforcement proceedings under Turkish law:
Ordinary (non-judicial) enforcement (İlamsız takip): Initiated without a court decision.
Enforcement based on a court judgment (İlamlı takip): Based on a finalized court ruling.
Enforcement through the sale of pledged assets (Rehnin paraya çevrilmesi): If the claim is secured by collateral.
What Is a Payment Order?
In an ordinary enforcement proceeding, the process begins when the enforcement office sends a payment order to the debtor. This document instructs the debtor to:
Pay the debt within 7 days, or
Submit a legal objection within that same period.
If the debtor does neither, the debt becomes final, and the creditor can proceed to seizure of assets (haciz).
The enforcement office does not verify whether the debt actually exists or whether it has become due; it merely processes the creditor's application. These matters can only be addressed if the debtor objects.
Right and Deadline to Object to the Payment Order
The debtor must submit a valid objection to the payment order within 7 days of receiving it. Objections made after this period are invalid.
To be legally valid, the objection must meet the following conditions:
The payment order must have been officially served.
The debtor must clearly express an intention to object (e.g., "I object", "I do not owe", etc.).
The objection must come from the named debtor.
The debtor must provide a valid address in Türkiye for legal notifications.
Legal Consequences of an Objection
If the debtor objects within the legal period:
The enforcement proceeding is automatically suspended.
No seizure or further steps can be taken.
The creditor must file a lawsuit for annulment or removal of the objection to resume enforcement.
Types of Objection to the Payment Order
1. Objection to the Debt (Substantive Objection)
The most common type of objection, where the debtor disputes the debt itself. Examples include:
No debt exists.
The debt has been paid.
The claim is time-barred.
The debt is not yet due (not mature).
The legal relationship is invalid.
The creditor is not the rightful claimant.
The debtor may also partially object (partial objection), but must clearly specify the disputed amount.
2. Objection to Signature
If the enforcement proceeding is based on a non-notarized document (private agreement), the debtor may claim that the signature on the document is not theirs. This must be explicitly stated:
“The signature is not mine.” “I deny the signature.”
Such an objection is not valid for notarized documents, where the only remedy is a separate lawsuit for forgery.
Late Objection
If the debtor was unable to object on time due to no fault of their own (e.g., illness, incarceration), they may apply to the enforcement court within 3 days after the obstacle has ended. The debtor must:
Prove the excuse with supporting documents, and
File the objection with the enforcement court, not the office.
If accepted, enforcement proceedings are suspended.
Objection vs. Complaint
An objection challenges the substance of the debt.
A complaint (şikayet) targets procedural errors or illegal actions by the enforcement office.
While both are legal remedies, they differ in scope and function. Substantive disputes = objection; procedural misconduct = complaint.
Objections in Enforcement Proceedings Based on Negotiable Instruments
In cases involving bills of exchange (bono, çek, poliçe), a special enforcement method applies: "Enforcement through Negotiable Instruments" (Kambiyo Senetlerine Mahsus Haciz Yolu). This path is faster but offers limited objection opportunities to the debtor.
1. Where and When to Object
In these cases, the debtor cannot object via the enforcement office. Instead:
The debtor must file the objection directly with the enforcement court, and
Must do so within 5 days from the date of service of the payment order.
This is shorter than the general 7-day rule.
2. Grounds for Objection
Only limited and specific grounds are allowed:
The signature is not genuine (must be explicitly claimed).
The debt has been paid, is time-barred, or has been offset.
The document is not a valid bill of exchange.
The legal requirements for a check, bill, or promissory note are not met.
The creditor is not a lawful holder of the instrument.
General objections like “I do not owe this” are not valid unless they fall under accepted legal grounds.
3. Effect of Objection
If a proper objection is filed in time:
The court reviews the case and may terminate the proceeding.
If the objection is rejected, the creditor can immediately proceed to seizure (haciz).
If no objection is made in time, the instrument gains definitive legal force, and enforcement proceeds without further challenge.
Conclusion
An objection to a payment order is a vital legal remedy for debtors in enforcement proceedings—whether based on a standard claim or a negotiable instrument.
Deadlines are strict. The form, content, and authority addressed must be carefully observed. Any mistake may result in irreversible enforcement.
To protect your rights, we strongly recommend consulting an attorney specialized in enforcement law as soon as a payment order is received.
