When enforcement proceedings are started for a debt in Turkey, a payment order is sent to the debtor. In general enforcement without a judgment, the debtor can object within 7 days of service; in proceedings based on cheques and promissory notes, within 5 days. These periods are short and strict. If the debtor objects, the creditor must apply to have the objection set aside or annulled to continue. A person who believes they owe nothing can file a negative declaratory action. Only part of a salary can be attached, and certain assets are exempt from attachment by law.
Debt enforcement in Turkey
Enforcement and bankruptcy law sets out how a creditor can collect a debt using the coercive power of the State. Its main source is the Enforcement and Bankruptcy Law No. 2004 (İİK). Proceedings are conducted by enforcement offices (icra daireleri), and complaints against their acts and certain disputes are decided by enforcement courts.
A distinctive feature of Turkish law is that a creditor can start enforcement proceedings without a prior court judgment. For foreign creditors and companies, this makes it an important tool for collecting debts from Turkish counterparties. For debtors, including foreigners with assets in Turkey, it means a payment order must never be ignored. Parties can view their enforcement files online through the UYAP Citizen Portal with e-Government access.
Types of enforcement proceedings
| Type | When it is used | Document sent to the debtor |
|---|---|---|
| General enforcement without judgment | Creditor without a court judgment, for money or security claims | Payment order |
| Enforcement based on negotiable instruments | Claims based on cheques, promissory notes or bills of exchange | Payment order |
| Enforcement of judgments | Claims based on a court judgment or a document with the effect of a judgment (e.g. a mediation settlement) | Enforcement order |
| Enforcement of pledges and mortgages | Claims secured by a mortgage or pledge | Payment order / enforcement order |
| Eviction of leased property | Unpaid rent or an eviction undertaking | Payment / eviction order |
| Bankruptcy proceedings | Against a debtor who is a merchant, at the creditor's choice | Payment order |
Foreign court judgments must first be recognised and enforced by a Turkish court (exequatur) before they can be executed in Turkey; see our guide on recognition and enforcement (in Turkish).
Starting enforcement as a creditor
- Preparing documentsThe contract, invoices, notes or correspondence showing the debt, and the debtor's identity or tax details and address, are gathered. If necessary, a formal notice is sent first to establish the date of default.
- Request for enforcementA request is filed with the competent enforcement office, stating the amount of the claim, the interest start date and the type of interest. The enforcement fee and an advance on costs are paid.
- Service of the payment orderThe enforcement office sends the payment order to the debtor. If the debtor neither objects nor pays within the time limit, the proceedings become final.
- AttachmentIn final proceedings, the creditor can request attachment of the debtor's bank accounts, vehicles, real estate, salary and receivables from third parties.
- Sale and distributionAttached assets are sold by auction, and the proceeds are distributed among creditors according to the ranking table.
If there is a risk that the debtor will hide assets, and the debt is due and not secured by a pledge, a precautionary attachment can be obtained from the court before or during the proceedings (İİK, Art. 257). For commercial debts, the mandatory mediation step before an action to annul an objection should also be taken into account.
Objecting to a payment order
After receiving a payment order, the debtor can object to the debt, part of it, the interest, or the creditor's right to start proceedings. The time limit and effect depend on the type of proceedings:
| Proceedings | Time limit | Where | Effect |
|---|---|---|---|
| General enforcement without judgment | 7 days from service (Art. 62) | The enforcement office | Proceedings stop automatically (Art. 66) |
| Enforcement based on negotiable instruments | 5 days from service (Art. 168) | The enforcement court | Proceedings generally continue; the court may order a stay |
| Enforcement of judgments | 7 days from service of the enforcement order | The enforcement court (limited grounds) | Enforcement continues unless a stay is obtained on appeal |
The grounds for the objection should be stated clearly. A debtor who claims that the signature on a note is not theirs must expressly deny the signature in the objection; otherwise it is deemed accepted. A debtor who wrongly denies a signature may be ordered to pay a fine and compensation.
Once the objection period expires, the proceedings become final and the creditor can request attachment. In final proceedings, the debtor can only use more difficult remedies such as a negative declaratory action or an action for restitution. The date you received the payment order determines the deadline.
Setting aside or annulling an objection
When the debtor objects in general enforcement, the proceedings stop. To continue, the creditor chooses one of two routes:
- Setting aside the objection (Art. 68): if the creditor holds strong documents listed in the law, such as a private document with an acknowledged signature or documents issued by public authorities, it can ask the enforcement court to set aside the objection within six months of being notified of it. The proceedings are document-based and relatively fast, but the decision does not finally determine the existence of the debt.
- Action to annul the objection (Art. 67): the creditor can file this action before the ordinary courts within one year of being notified of the objection. The debt can be proved by any evidence, and the judgment is final on the merits. If the creditor wins and the claim was liquidated, the debtor is ordered to pay enforcement denial compensation of not less than 20% of the claim. For commercial debts, mediation is mandatory before filing.
Negative declaratory action and restitution
A person who believes enforcement has been started unjustly, or that they owe nothing, can file a negative declaratory action under Article 72 to establish that no debt exists. The action can be filed before or after enforcement:
- Before enforcement: the alleged debtor can sue without waiting for the creditor to start proceedings.
- After enforcement: the debtor can request an interim injunction preventing payment of funds held by the enforcement office to the creditor, by providing security of at least 15% of the claim. A negative declaratory action filed after enforcement does not, as a rule, stop the proceedings automatically.
A debtor who was forced to pay a debt that did not exist can file an action for restitution within one year of payment to recover the money. A successful debtor may be awarded bad-faith compensation against the creditor where the conditions are met.
Attachment, salary attachment and exempt assets
Once the proceedings are final, the creditor can request attachment of the debtor's assets, rights and receivables, including movables, real estate, vehicles, bank accounts, salary and receivables from third parties. The law protects the debtor within certain limits:
- Salary attachment: salaries and similar income can be attached except for the part needed to support the debtor and family, but the attached amount cannot be less than one quarter of the salary (Art. 83). In practice, one quarter is usually attached. This limit does not apply to maintenance claims.
- Exempt assets (Art. 82): household goods needed by the debtor and family, tools needed for the debtor's profession, retirement pensions (except for maintenance and other statutory exceptions) and a home suitable to the debtor's circumstances cannot be attached.
- Home exemption complaint: if a home suitable to the debtor's circumstances is attached, the debtor can complain to the enforcement court. The home is then sold, the debtor is left an amount sufficient to buy a suitable home, and the rest is paid to the creditor.
Complaints against the attachment of exempt assets or other unlawful acts of the enforcement office can be made to the enforcement court within seven days of learning of the act (Art. 16).
Third-party claims to attached assets
An asset found in the debtor's possession or home may actually belong to someone else, for example furniture belonging to the debtor's spouse or flatmate. The third party can make a third-party claim (istihkak iddiası) to the enforcement office (Art. 96–99), and the enforcement court gives the creditor or the third party time to file a lawsuit. Who holds the asset determines the burden of proof: if it is in the debtor's possession, the third party generally has to prove ownership.
Bankruptcy
Bankruptcy is the liquidation of all the assets of a debtor merchant for distribution among creditors. It generally applies only to merchants. A creditor can start bankruptcy proceedings against a merchant debtor instead of general attachment proceedings; if the debtor neither objects nor pays, the creditor asks the commercial court to declare the debtor bankrupt. A merchant can also request its own bankruptcy if its debts exceed its assets. Businesses wishing to continue trading and restructure their debts can instead apply for concordat (Art. 285 et seq.); see our commercial law guide.
Competent courts
| Dispute | Court |
|---|---|
| Complaints against enforcement offices, setting aside objections, objections in note-based proceedings, third-party claims | Enforcement court |
| Actions to annul objections, negative declaratory actions, restitution (general rule) | Civil court of first instance |
| Commercial claims: annulment of objections and negative declaratory actions | Commercial court (mandatory mediation first) |
| Claims from consumer transactions | Consumer court or consumer arbitration committee |
| Employee claims | Labour court (mandatory mediation first) |
| Bankruptcy and concordat | Commercial court |
The competent enforcement office is generally determined by the debtor's domicile or the place of performance of the contract. An objection to the venue of an enforcement office must be raised together with the objection to the payment order.
Key time limits
| Item | Period | Legal basis |
|---|---|---|
| Objection to a payment order (general enforcement) | 7 days from service | İİK, Art. 62 |
| Objection and complaint in note-based enforcement | 5 days from service | İİK, Art. 168 |
| Payment in note-based enforcement | 10 days from service | İİK, Art. 168 |
| Complaint against an act of the enforcement office | 7 days from learning of it | İİK, Art. 16 |
| Request to set aside an objection | 6 months from notification of the objection | İİK, Art. 68 |
| Action to annul an objection | 1 year from notification of the objection | İİK, Art. 67 |
| Action for restitution | 1 year from payment | İİK, Art. 72 |
Enforcement time limits are short and strict, and whether service was made properly can affect when they start. This information is general.
Documents usually required
- Creditor: contract, invoices, note, cheque, account statement or court judgment showing the debt
- Creditor: the debtor's identity or tax details and known address
- Debtor: the payment order or enforcement order and the service envelope
- Debtor: receipts and correspondence showing payment
- Debtor: documents showing income and family situation for exemption claims
- Third party: invoices and records showing ownership of the attached asset
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Enforcement and Bankruptcy Law No. 2004 — Art. 16, 62–72, 82–83, 96–99, 167–170, 257, 285 et seq.
- Turkish Commercial Code No. 6102 — Art. 5/A (mediation in commercial cases)
- Code of Civil Procedure No. 6100
- Notification Law No. 7201
Enforcement and Bankruptcy: topics
The main topics within enforcement and bankruptcy law are listed below. Detailed guides for each are in preparation.
- Enforcement without a judgment
- Objection to a payment order
- Annulment and setting aside of objections
- Negative declaratory action
- Attachment and salary attachment
- Bankruptcy
- Third-party claims
Frequently asked questions about debt enforcement in Turkey
I received a payment order in Turkey. What should I do?
Note the date of service and act immediately. In general enforcement you have 7 days to object at the enforcement office; in proceedings based on cheques or promissory notes, 5 days to object to the enforcement court. If the signature on a note is not yours, deny it expressly in the objection.
Can a creditor start enforcement without a court judgment?
Yes. In Turkey, general enforcement without a judgment can be started on the basis of any claim for money. If the debtor objects, the creditor must then have the objection set aside or annulled.
What happens if I do not object to the payment order?
The proceedings become final and the creditor can request attachment of your assets, including bank accounts, vehicles, real estate and salary. You can then only use more difficult remedies such as a negative declaratory action.
How much of my salary can be attached?
The part needed to support you and your family is protected, but the attached amount cannot be less than one quarter of the salary; in practice, one quarter is usually attached. The limit does not apply to maintenance claims.
Can my home be attached?
A home suitable to the debtor's circumstances is exempt. If such a home is attached, the debtor can complain to the enforcement court; the home is sold and the debtor is left enough to buy a suitable home, with the remainder going to the creditor.
What is enforcement denial compensation?
If a creditor wins an action to annul the debtor's objection and the claim was liquidated, the court orders the debtor to pay compensation of not less than 20% of the claim. It discourages unjustified objections.
Can a foreign company collect a debt from a Turkish company through enforcement?
Yes. A foreign creditor can start enforcement proceedings in Turkey like a Turkish creditor, usually through a lawyer under a power of attorney. Foreign documents must be apostilled and translated. If the claim is based on a foreign judgment, it must first be recognised and enforced by a Turkish court.
Assets belonging to me were attached for someone else's debt. What can I do?
Make a third-party claim to the enforcement office. The enforcement court will set a time for a lawsuit. If the asset was in the debtor's possession, you generally need to prove your ownership with invoices and records.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 7 October 2026