Enforcement Proceedings

In Mersin, I provide legal support in enforcement proceedings (icra takibi) both to individuals and companies who want to collect what they are owed and to debtors who have received a payment order. Enforcement proceedings are the route by which an unpaid money claim is collected through the state; however, choosing the right type of proceedings, keeping track of time limits and managing the objection stage well directly affect the outcome.

On this page, I explain in general terms how enforcement proceedings are started, what can be done when a payment order arrives, the objection and attachment stages, and who bears the costs of the proceedings. For debt and receivables disputes as a whole, you can also see the enforcement and debt recovery page.

What Are Enforcement Proceedings?

Enforcement proceedings are the creditor’s claim for payment made by applying to the enforcement office (icra dairesi) under the Enforcement and Bankruptcy Law (İİK). Following the request for enforcement, the enforcement office sends the debtor a payment order (ödeme emri) or an execution order (icra emri); if the debtor neither pays nor objects within the statutory time limit, the proceedings become final and compulsory enforcement measures such as attachment can be taken.

Proceedings can be based on a court judgment, but they can also be started without one. The first step, therefore, is to determine which document the claim is based on and which type of proceedings is appropriate.

At Which Stages Does an Enforcement Lawyer Help?

• Reviewing the documents supporting the claim and choosing the appropriate type of proceedings
• Preparing the request for enforcement and stating the principal claim and the interest items correctly
• Objections to the payment order regarding the debt, the signature or jurisdiction
• After an objection, assessing the routes of an action to annul the objection or a request to remove the objection
• Following up the attachment, sale and distribution of proceeds stages
• Complaints and enforcement court applications concerning assets that cannot be attached
• Negative declaratory actions and actions for restitution where no debt exists
• Payment plan and settlement negotiations between the parties

Types of Enforcement Proceedings

Enforcement without a judgment (ilamsız takip; general attachment proceedings, genel haciz yolu): Proceedings started by a creditor who does not hold a court judgment, on the basis of documents such as invoices, contracts or current account records. This is the route used most often in practice.

Attachment proceedings specific to negotiable instruments (kambiyo senetlerine özgü haciz yolu): A special type of proceedings for claims arising from cheques, promissory notes and bills of exchange, with shorter time limits and a faster pace. For details, see the cheque and promissory note claims page.

Enforcement based on a judgment (ilamlı takip): Proceedings based on a court judgment or on documents that the law treats as having the force of a judgment. Instead of a payment order, an execution order is sent to the debtor.

Rent claims and eviction: For unpaid rent, proceedings with a request for eviction can be started. In these proceedings, the tenant is given thirty days to pay the rent; if it is not paid, the route to eviction opens. The topic is covered separately on the tenant eviction lawsuit page.

How Are Enforcement Proceedings Started?

The request for enforcement states the details of the creditor and the debtor, the principal claim, the interest accrued, the interest that will accrue and the basis of the claim. Through a lawyer, the request can be submitted electronically to the enforcement office via UYAP, the National Judiciary Informatics System. Establishing the correct address for service is important to avoid delays in the proceedings.

Which enforcement office the proceedings are started at depends on the debtor’s place of residence, the place of performance of the contract and, if there is one, the jurisdiction clause in the contract. The debtor can raise an objection to jurisdiction against proceedings started at an enforcement office that lacks jurisdiction, which prolongs the process.

The documents must be reviewed before the proceedings: whether the invoices were served, delivery documents, correspondence and payment records also form the basis of the lawsuit that will be filed if there is an objection. For a collection strategy for commercial claims, see the debt collection page.

What Should You Do When a Payment Order Arrives?

In enforcement without a judgment, the debtor can pay the debt or object to the enforcement office within seven days of service of the payment order. Giving reasons for the objection is not mandatory; however, if the signature is to be objected to, this must be stated explicitly. An objection made in time stops the proceedings.

The payment order also notifies the debtor that they must make a declaration of assets (mal beyanı). Failing to make a declaration of assets can, on the creditor’s complaint, lead to sanctions such as coercive detention (tazyik hapsi).

The time limits are different in proceedings specific to negotiable instruments: the debtor is given ten days to pay, and an objection to the debt or the signature is made to the enforcement court (icra mahkemesi) within five days. In these proceedings, the objection does not automatically stop the proceedings. Because the time limits are short, the date of service of the payment order should be noted and a legal assessment should be made without delay.

After the Objection: Action to Annul the Objection and Removal of the Objection

When the debtor objects, the proceedings stop, but the claim does not disappear. The creditor can file an action to annul the objection (itirazın iptali davası) in the ordinary courts within one year of being served with the objection. If the lawsuit is upheld and the conditions are met, the court orders the debtor to pay compensation for denial of the debt (icra inkâr tazminatı) of not less than twenty per cent of the claim. Depending on the nature of the dispute, applying to a mediator may be a precondition for filing this lawsuit.

If the claim is based on a document whose signature has been admitted or certified by a notary, or on an official document, the creditor can ask the enforcement court for the removal of the objection (itirazın kaldırılması) within six months of service of the objection. This route can produce a result faster than a lawsuit in the ordinary courts.

A person who faces proceedings despite not owing the debt can file a negative declaratory action (menfi tespit davası). If payment was made under the pressure of the proceedings even though there was no debt, the money can be claimed back with an action for restitution (istirdat davası) within one year of the payment.

The Attachment and Sale Stage

Once the proceedings have become final, the creditor can request attachment (haciz). As a rule, the request for attachment must be made within one year of service of the payment order; the time spent on objections and lawsuits is not counted towards this period. Bank accounts, vehicles, real estate, salaries and receivables from third parties are among the assets that can be attached.

Not every asset can be attached. Assets such as the essential household goods of the debtor and their family and the tools needed to continue their profession are protected by law; a salary can be attached only up to the proportion set by law. Against an unlawful enforcement action, a complaint can be made to the enforcement court within seven days of learning of it.

The sale of attached assets consists of the valuation (kıymet takdiri) and auction stages. The money obtained from the sale is paid to the creditor; if there is more than one creditor for the same asset, it is distributed according to the ranking schedule (sıra cetveli).

Who Bears the Costs of Enforcement Proceedings?

When the proceedings are started, the fees (harç), service costs and file expenses are paid in advance by the creditor. By law, the costs of the proceedings are borne by the debtor; during collection, they are claimed from the debtor together with the principal claim and interest. For a creditor represented by a lawyer in the proceedings, the statutory attorney’s fee awarded against the other party (karşı vekâlet ücreti) is also added to the account of the proceedings.

Because the amounts of fees and expenses are updated every year, I do not give figures on this page. In a specific file, I share the expected costs with you before the proceedings begin.

Enforcement Proceedings in Mersin

In Mersin, enforcement proceedings are conducted at the enforcement offices in central Mersin as well as at the enforcement offices in district courthouses such as Tarsus, Erdemli, Silifke, Mut and Anamur. Thanks to UYAP, proceedings that need to be started at an enforcement office outside Mersin can also be started and monitored electronically from here; for steps that must be carried out on site, such as a physical attachment, a letter of request (talimat) is sent to the enforcement office in that place.

Mersin’s commercial structure is also reflected in enforcement files. Fees for exports, transport and logistics services around the port and the free zone, invoice claims arising from sales of agricultural produce and citrus fruit, and rent claims in holiday-home areas are frequent subjects of proceedings. Creditors or debtors living outside the city can also conduct the proceedings with a power of attorney (vekâletname) without coming to Mersin. To request a meeting, you can use the contact page.

Frequently Asked Questions