A payment order (ödeme emri) from the enforcement office (icra dairesi) is a document that must be taken seriously, whether or not you actually owe the money. Proceedings to which no objection is made in time become final; after that, attachment of salary, bank accounts, vehicles and real estate comes into play. The first step is to understand which type of enforcement proceedings the payment order belongs to. This is stated in the heading of the document and its form number (örnek).
1. Enforcement by general attachment (Form 7)
These are proceedings started on the basis of a document such as an invoice, a contract or a current account, or without any document at all.
- Time limit for objection: seven days from service of the payment order (Enforcement and Bankruptcy Law (İİK) art. 62).
- Where: To the enforcement office conducting the proceedings, by petition or oral statement. It can also be done through UYAP (Türkiye’s National Judiciary Informatics System).
- Effect: An objection made in time stops the proceedings automatically. Giving reasons is not required; saying “I do not owe this debt” is enough.
- Objection to the signature: If the proceedings are based on a document bearing your signature and the signature is not yours, you must state this separately and expressly. Otherwise the signature may be deemed accepted.
- Objection to jurisdiction: If the proceedings were started at a place without jurisdiction, this objection must also be made within the same period.
Following an objection, the creditor must apply for removal of the objection or annulment of the objection in order to continue the proceedings. We explain this process in our article on the action for annulment of objection.
2. Proceedings based on cheques, promissory notes and bills of exchange (Form 10)
In proceedings based on negotiable instruments (kambiyo senetleri), the time limits are shorter and the rules stricter.
- The payment period is ten days and the objection period is five days from service (İİK art. 168).
- The objection is made not to the enforcement office but to the enforcement court (icra mahkemesi).
- The objection does not stop the proceedings automatically. For the proceedings to stop, the enforcement court must decide so.
- If you claim that the signature is not yours, you must state this expressly within five days. A debtor who wrongfully denies their signature is ordered to pay a fine of ten per cent of the claim in the proceedings.
- Objections such as that the debt has been paid, that time to pay was granted, limitation, or that the instrument does not qualify as a negotiable instrument must also be made within the same five-day period.
3. Proceedings based on a judgment (enforcement order)
In proceedings based on a court judgment, the debtor is sent an enforcement order (icra emri). In these proceedings no objection can be made to the merits of the debt; however, an application may be made to the enforcement court on limited grounds, such as that the debt has been paid, deferred or become time-barred.
If you do not object
The proceedings become final and the creditor may request attachment. In addition, the debtor becomes obliged to make a declaration of assets (mal beyanı). A debtor who does not declare their assets may face coercive detention, and a debtor who makes a false declaration may face imprisonment upon the creditor’s complaint (İİK arts. 76, 338).
If you do not owe the money but had to pay
If you missed the time limit for objection or your objection was removed, you still have options:
Negative declaratory action (menfi tespit davası, İİK art. 72): You can file a lawsuit in the ordinary courts, before or during the proceedings, for a declaration that you do not owe the debt. In a lawsuit filed after the proceedings have started, the court cannot stop the proceedings; however, if you provide security of not less than fifteen per cent of the claim, it may order that the money held at the enforcement office’s cash desk not be paid to the creditor.
Restitution action (istirdat davası): If you had to pay money you did not owe under the pressure of enforcement, you can claim its return within one year from the date of payment.
If the proceedings are found to be unjustified and in bad faith, the creditor is ordered to pay compensation of not less than twenty per cent of the claim in the proceedings.
Note on mediation: If, after you have applied to a mediator over the dispute, the other party starts enforcement proceedings against you, you can file a negative declaratory action within two weeks of the final mediation report and request that the proceedings be stopped without providing security (Mediation in Civil Disputes Law (HUAK) art. 18/A(16)).
Short checklist
- Note the date of service; time limits run from this date. With electronic service, service is deemed made at the end of the fifth day after delivery.
- Check the form number of the payment order: 7 is general attachment, 10 is negotiable instruments.
- If the signature is not yours, state this in a separate, express sentence.
- If you accept part of the debt, limit your objection to the part you do not accept.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.