+90 232 369 63 69info@ozkanbalhukuk.comKarşıyaka / İzmir · Weekdays 09:00–18:00

Practice Area 01

Enforcement and Bankruptcy Law

Collection of receivables through compulsory enforcement, the rights of debtors against enforcement proceedings and bankruptcy processes are governed by the Turkish Enforcement and Bankruptcy Law No. 2004. Our office acts for both creditors and debtors in proceedings and related lawsuits.

What we handle in this area

  • Enforcement proceedings without a judgment (general attachment)
  • Proceedings based on negotiable instruments (cheques, promissory notes, bills of exchange)
  • Enforcement of court judgments
  • Foreclosure of mortgages and pledges
  • Annulment and removal of objections
  • Negative declaratory and restitution actions
  • Third-party ownership claims and attachment procedures
  • Filing of claims in bankruptcy and concordat proceedings

How does an enforcement proceeding work?

The main stages of a proceeding initiated through general attachment are outlined below. Time limits may vary depending on the type of proceeding.

  1. 1Request for enforcementThe creditor applies to the competent enforcement office and a payment order is issued.
  2. 2Service of the payment orderOnce the payment order is served on the debtor, the periods for objection and payment begin.
  3. 3Objection periodThe debtor may object within 7 days of service. An objection suspends the proceeding, and the creditor may then seek annulment or removal of the objection.
  4. 4Finalisation and attachmentIf no objection is made, the proceeding becomes final and the debtor's assets, rights and receivables may be attached.
  5. 5Sale and collectionAttached assets are sold and the proceeds are distributed to creditors according to the ranking schedule.

Key time limits

ActionTime limitLegal basis
Objection to a payment order (general attachment)7 daysEBL Art. 62
Objection in proceedings based on negotiable instruments5 daysEBL Art. 168
Request for removal of objection6 monthsEBL Art. 68
Action for annulment of objection1 yearEBL Art. 67
Restitution action (from payment)1 yearEBL Art. 72

These time limits are provided for general information only. Please confirm the limits applicable to your case with a lawyer.

Frequently asked questions

How can I find out whether enforcement proceedings have been initiated against me?

The payment order is served at your address. You can also view proceedings registered in your name through the UYAP Citizen Portal via e-Devlet.

What happens if I miss the objection period?

The proceeding becomes final and attachment may follow. Even then, remedies such as a negative declaratory action or a restitution action may still be available, so prompt assessment is important.

How much of a salary can be attached?

As a rule, a portion of the salary not less than one quarter may be attached. Different rules apply in certain cases, such as maintenance claims.