What Is Debt Enforcement and How Is It Initiated? What to Do Upon Receiving an Enforcement Notice?

Türeli & Ceylan Attorney Partnership – Enforcement and Debt Collection Services

Today, debt enforcement is one of the most frequently encountered legal procedures for both individuals and corporations in Türkiye.
So, what can a creditor do if the debt is not paid?
How can a debtor object to an enforcement notice?
What if the debt is unjustified or time-barred?

This article explains the enforcement process initiated by a creditor, the legal steps a debtor may take upon receiving a payment order, relevant provisions of Turkish law, and common pitfalls in practice. It also outlines how Türeli & Ceylan Law Firm can support clients throughout this process.

What Is Debt Enforcement?

Pursuant to Articles 42 et seq. of the Turkish Enforcement and Bankruptcy Law (EBL / İcra ve İflas Kanunu – İİK):

“A creditor may apply to the enforcement office to recover their receivable or security, initiating enforcement proceedings.”

Enforcement (or execution) is a legal process whereby a creditor seeks payment of an outstanding debt via enforcement offices without first obtaining a court judgment. There are two types:

• Non-Judicial (Unenforced) Enforcement (İlamsız Takip): Initiated without a court judgment.
• Judicial (Enforced) Enforcement (İlamlı Takip): Based on a court decision (e.g. maintenance, eviction, or any final judgment).

Payment Order Served to the Debtor

Upon initiation of proceedings, the enforcement office issues a Payment Order (İcra Tebligatı) to the debtor.

EBL Article 60:

“The debtor must either pay the debt or raise an objection within seven (7) days of receiving the notice. Otherwise, the proceedings become final.”

What Should the Debtor Do?

• If the debt is valid: Pay within 7 days or request an instalment/payment plan.
• If the debt is inaccurate or invalid: Submit a written objection within 7 days.
• If no objection is made: The enforcement becomes final, and the seizure (haciz) process begins.

How to Object to Enforcement

The debtor has 7 days to object to the payment order by submitting a signed petition to the enforcement office:

• Complete objection: If the entire debt is denied.
• Partial objection: If only part of the debt is contested.
• Jurisdictional objection: If the debtor disputes the competent enforcement office.
• Statute of limitations: Must be explicitly stated in writing.

EBL Article 62:

“The objection must be signed by the debtor and clearly state the grounds of refusal.”

What If the Enforcement Is Unjustified?

If the debt is nonexistent, already paid, or time-barred:

• Submit a timely written objection,
• File a negative declaratory action (menfi tespit davası) to prevent further execution,
• If harmed by an unjust proceeding, file a compensation claim under EBL Article 67.

Seizure and Asset Interference

If no objection is filed or the objection is overruled:

• The creditor may request seizure (haciz) of the debtor’s assets,
• The debtor’s wages, bank accounts, movables, or immovables may be confiscated,
• Concealing assets may lead to criminal liability (EBL Article 331).

Steps for a Creditor to Initiate Enforcement

1. Apply to the enforcement office,
2. Submit an enforcement request (Takip Talebi),
3. Pay the required fees and expenses,
4. The office issues and serves the payment order,
5. If unopposed, the process advances to asset seizure and possible auction.

How Türeli & Ceylan Law Firm Assists

For Creditors:

• Drafts and files enforcement requests and payment orders,
• Initiates debt recovery proceedings rapidly,
• Manages seizure and liquidation processes on your behalf,
• Pursues litigation if disputes arise.

For Debtors:

• Prepares timely objection petitions to contest enforcement notices,
• Defends against unlawful or abusive enforcement attempts,
• Assists with asset disclosure, restructuring, or installment plans,
• Initiates counter-litigation (e.g. declaratory or compensation suits) to protect your rights.

Frequently Asked Questions

Q: I can’t pay the debt. What should I do?
A: You may contact the creditor and request an installment plan, ideally with legal assistance.

Q: When does seizure (haciz) begin?
A: Once the proceedings become final, creditors may request asset seizure within 2–3 weeks.

Q: I believe the claim is unfounded. Can I stop it?
A: Yes. File an objection within the 7-day legal period or bring a declaratory action if needed.

Why Professional Legal Support Is Critical in Enforcement Proceedings

Enforcement is a complex and time-sensitive process.
Missed deadlines, incorrect objections, or incomplete documentation can result in irreversible legal and financial consequences.

At Türeli & Ceylan, we offer precise and timely legal support tailored to your role—whether creditor or debtor—ensuring your rights are fully protected under Turkish law.