Enforcement proceedings, objections and attachment
We help creditors who want to collect what they are owed and debtors facing enforcement proceedings, explaining deadlines, rights and options plainly.
Enforcement and bankruptcy law (icra ve iflas hukuku) governs how debts are collected through state authority and how a debtor's assets are liquidated. Deadlines here are short and most of them are final: if no objection is filed within seven days of a payment order (ödeme emri), the proceeding becomes final and the creditor can move on to attachment. So when a payment order or enforcement order arrives, the first task is to work out the service date and the deadline correctly.
For creditor clients, we start and run enforcement proceedings based on court judgments and on unadjudicated claims, proceedings on cheques, promissory notes and bills of exchange, and rent collection and eviction proceedings. When the debtor objects, we bring actions to annul or lift the objection and, where appropriate, apply for precautionary attachment. We follow attachment, sale and collection through the enforcement offices, mainly those of the Istanbul Anatolian Courthouse.
On the debtor side, the aim is to raise the right objection on time against unjustified or incorrect proceedings, and, where the debt is real, to find a workable way to pay it. Objections to the payment order or to a signature, complaints to the enforcement court, exempt assets and the limits of salary garnishment, and negative declaratory and restitution actions are the routes used most often. We also explain which messages and calls from collection law firms have legal effect and which are simply requests for payment.
For businesses, we handle concordat (konkordato, a court-supervised restructuring) and bankruptcy proceedings, and for creditors, filing and contesting claims within them. In every file we first identify the basis of the debt, the type of proceeding and the running deadlines, then go through the options and costs with you.
When you may need this
- A payment order has reached you through e-notification, post or the neighbourhood office, and you need to decide whether to object.
- A law firm keeps sending you messages and calling about a debt, and it has also contacted your family or employer.
- Your bank account has been frozen, deductions have started from your salary, or an attachment has been recorded on your car.
- Enforcement proceedings have been started against you for a debt you have already paid or never owed.
- Your claim rests on an invoice, contract, lease, cheque or promissory note, and the debtor is not paying.
- The debtor has objected to the payment order and your proceeding has stopped.
- You hold a court judgment or a mediation agreement, but the other side still will not pay.
- Your company is struggling to pay its debts and is considering concordat, or one of your customers has applied for it.
How the process works
- 01
Identifying the file and deadlines
We review the enforcement file through UYAP, the judiciary's online system, and establish the type of proceeding, the service date and the deadlines for objections or complaints.
- 02
Starting proceedings or objecting
For creditors, we file the request through the correct route; for debtors, we file the objection to the payment order or signature, or a complaint to the enforcement court, within the deadline.
- 03
The lawsuit after an objection
If an objection stops the proceeding, we bring an action to annul or lift the objection for the creditor, or a negative declaratory or restitution action for the debtor where needed.
- 04
Attachment and sale
Once the proceeding is final, we pursue attachment of bank accounts, salaries, vehicles and property; for debtors, we raise objections based on exempt assets and the salary garnishment limit.
- 05
Settlement and closing
We negotiate payment plans or discounted settlements between the parties. Once the debt is paid, we make sure the file is closed and the attachments are lifted.
Services in this area
- Enforcement proceedings with and without a judgment01
- Proceedings on cheques, promissory notes and bills of exchange02
- Rent collection and eviction proceedings03
- Objections to payment orders and signatures, complaints to the enforcement court04
- Lifting attachments, exempt assets and salary garnishment objections05
- Actions to annul or lift objections06
- Negative declaratory and restitution actions07
- Precautionary attachment and interim injunction requests08
- Concordat and bankruptcy proceedings, filing of claims09
Documents worth bringing
- The payment order or enforcement order, or the notification envelope showing the service date
- The basis of the debt: contract, invoice, cheque, promissory note, loan or card statement
- Payment receipts and any correspondence on set-off or restructuring
- Screenshots of messages and emails from the law firm or creditor
- Attachment reports, bank freeze notices, and a payslip showing salary deductions
- Any court judgment, mediation agreement or notarised notice
- For creditors: commercial ledger entries and the current account statement
How fees and costs are determined
Legal fees are agreed in writing under Article 164 of the Attorneys Act (Law No. 1136) and cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) published each year by the Union of Turkish Bar Associations. The law also provides that the contractual fee cannot exceed twenty-five percent of the value of the claim. In enforcement proceedings, a statutory attorney fee calculated under the tariff is charged to the debtor along with the costs of the proceeding and belongs to the lawyer once collected; this is separate from the fee agreed with the client. We confirm our fee in writing after reviewing the file.
When a proceeding is opened, the creditor pays the filing fee, the advance fee, and notification and file costs; once the debt is collected, the collection fee and costs are recovered from the debtor. In court, filing and judgment fees, expert and notification costs are paid separately. In an action to annul an objection, a debtor whose objection is found unjustified can be ordered, at the creditor's request, to pay enforcement denial compensation of at least twenty percent of the claim; a creditor found to have acted unjustly and in bad faith can face similar compensation. Depending on the type of dispute, mandatory mediation and its fee may apply before a lawsuit.
Frequently asked questions
How long do I have to object to enforcement proceedings?
In ordinary proceedings without a judgment, you have seven days from service of the payment order to object, and the objection goes to the enforcement office. In proceedings based on cheques or promissory notes, the deadline to object to the debt or the signature is five days, and the objection goes to the enforcement court. In proceedings based on a judgment, you can object within seven days of the enforcement order, but only on limited grounds such as payment, deferral or limitation. The deadline runs from official service, not from the day a message or call arrives.
What do messages from a collection law firm mean?
Most of these messages are payment requests telling you that a debt has been passed to a law firm on behalf of a creditor or a debt purchasing company. The message itself is not an enforcement proceeding and does not start any objection deadline; you can check whether proceedings have been opened against you through the UYAP enforcement file search on e-Devlet. If proceedings have been opened, a payment order will be served on you and the deadlines run from that date. If you doubt the amount or the basis of the debt, ask for documents and check the records before paying.
Can a collection lawyer contact my family?
As a rule, a debt binds only the debtor and anyone else liable for it, such as a guarantor; family members cannot be made to pay unless they are party to the debt. Disclosing debt information to people other than the debtor can raise issues under data protection law and the professional rules for lawyers. If this happens, you can note the date, time and content, then complain to the Personal Data Protection Authority (KVKK) or the relevant bar association.
How much can be deducted from my salary?
Under Article 83 of the Enforcement and Bankruptcy Code, salaries and wages can be attached after deducting what the debtor and family need to live on, but the attached amount cannot be less than a quarter of the salary; in practice, a quarter is usually deducted. If there are several salary attachments, they are ranked, and the next one only starts once the earlier one is paid off. Different rules apply to maintenance (nafaka) claims, and pensions are subject to special rules.
Can a collection lawyer come to my home and take my belongings?
Attachment is carried out by enforcement office officials, not by a lawyer, and only in a proceeding that has become final; the creditor's lawyer attends only as the creditor's representative. By law, the personal belongings of the debtor and family members living in the same household, and household items in shared use, cannot be attached; cash, gold and valuables are not covered by this protection. An unlawful attachment can be challenged before the enforcement court within seven days of learning of it.
Can I start enforcement proceedings without a lawyer?
Yes. A creditor can file at the enforcement office or online through the UYAP Citizen Portal on e-Devlet. However, choosing the wrong type of proceeding, missing the one-year deadline to sue for annulment or the six-month deadline to apply for lifting after the debtor objects, or failing to follow up on attachments can make collection harder. A debtor can also object without a lawyer, in writing or orally at the enforcement office.
How much does an enforcement lawyer cost, and who pays?
The fee between lawyer and client is agreed in writing and cannot fall below the Minimum Attorney Fee Tariff. Separately, in enforcement proceedings a statutory attorney fee calculated under the tariff is charged to the debtor and added to the file, so a debtor settling the debt pays this fee too. The amount depends on the size of the claim and the stage at which the debt is paid; current rates are set out in the tariff published each year.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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