One of the most distinctive features of Turkish enforcement law is that a creditor can initiate collection proceedings against a debtor without first obtaining a court judgment. This is ordinary enforcement (ilamsız icra takibi): the enforcement office issues a payment order to the debtor, who then has a strictly limited window to respond.
Ordinary vs. Judgment-Based Enforcement
| Ordinary (İlamsız) | Judgment-Based (İlamlı) | |
|---|---|---|
| Requires court decision | No | Yes |
| Can start immediately | Yes | Only after judgment |
| Debtor’s objection | Stops the proceeding | Cannot stop on the merits |
| Creditor’s next step after objection | Court action to annul | Only suspension application |
Types of Ordinary Enforcement
General Attachment (Genel Haciz Yoluyla Takip)
The most common type. Available for any monetary claim — no supporting document is required. The creditor simply declares the debt to the enforcement office.
- Debtor has 7 days from service of the payment order to object
- Objection immediately suspends the proceeding
- Creditor must then bring a court action to annul the objection or lift it
Enforcement Based on Negotiable Instruments (Kambiyo Senetleri)
A special and faster route for claims based on bills of exchange, promissory notes, and cheques.
Key differences from general attachment:
- Objection period is 5 days (not 7)
- Objection must be filed with the enforcement court, not the enforcement office
- Objection does not automatically stop the proceeding — the debtor must obtain a stay from the enforcement court (icranın geri bırakılması)
- Grounds for objection are limited
This route gives creditors holding negotiable instruments a significant advantage — enforcement can proceed even while the debtor challenges it.
Rent Claims and Eviction
Where a tenant owes rent or the lease period has expired, the landlord may use this special type of ordinary enforcement to combine a claim for unpaid rent with a request for eviction in a single proceeding.
The Payment Order
Upon application by the creditor, the enforcement office issues and serves a payment order on the debtor. The order states the debt amount, accrued interest, costs, and the objection deadline.
Upon receiving it, the debtor can:
- Pay in full (proceeding ends)
- Object within the deadline (proceeding halts; creditor must litigate)
- Do nothing (proceeding becomes final; seizure can be requested)
Practical Considerations
Choose the right type: a creditor holding a promissory note should generally use the negotiable instrument route — the inability of a debtor’s objection to halt the proceeding is a significant advantage.
Limitation interruption: commencing ordinary enforcement proceedings interrupts the running of the limitation period for the underlying claim.
Irregular service: if the payment order was improperly served, the objection period has not begun to run. A complaint to challenge service can reopen the timeline.
Frequently Asked Questions
Does ordinary enforcement require any supporting document? For general attachment, no — a creditor’s declaration alone is sufficient. For the negotiable instrument route, the original bill of exchange, promissory note, or cheque is required.
How many days to object after the payment order? 7 days for general attachment and rent claims; 5 days for negotiable instrument enforcement. These are preclusive — missing them means the proceeding becomes final.
Does objecting to a negotiable instrument proceeding stop enforcement? No. Unlike general attachment, objecting to a negotiable instrument proceeding does not automatically halt it. The debtor must obtain a formal stay order from the enforcement court.
I paid the debt before the objection deadline. Do I still need to object? No. Full payment terminates the proceeding. Present proof of payment to the enforcement office and request closure.