Objection period: 7 days
According to EBL (Enforcement and Bankruptcy Law) Art. 62, the debtor may object to the payment order, in writing or orally, to the enforcement office within seven days from its notification. With a timely objection, the proceeding automatically stops (EBL Art. 66). If the seven-day period is missed, the proceeding becomes final, and the attachment phase can be initiated.
What can the debtor object to?
Objection can be made to the entire debt or a part of it, to interest, or to jurisdiction. In a partial objection, the amount objected to must be clearly indicated; otherwise, it is considered as if no objection was made. Objection to signature must be made separately and explicitly.
Creditor's remedies
Upon objection, the creditor may file an action for annulment of objection (EBL Art. 67 — within one year from the notification of the objection) in the general courts, or if they possess a document of the kind listed in EBL Art. 68, they may request the removal of the objection (within six months) from the enforcement court. If the conditions are met, enforcement denial compensation of no less than twenty percent may be awarded.
Content of the Request for Enforcement and Payment Order
Upon the creditor's request for enforcement to the enforcement office, a payment order is sent to the debtor. The payment order includes the amount of the debt, its interest and basis, the objection period, and the sanctions to be applied if payment is not made. The debtor who believes the notification is irregular may request the restart of periods according to the date of learning — this notification examination is therefore the first step.
Partial Objection and Objection to Interest
It is not mandatory to object to the entire debt; objection to a part of it is possible. However, in a partial objection, the amount objected to must be clearly indicated; otherwise, it is considered as if no objection was made, and the proceeding becomes final over the entire amount. To the interest rate and its commencement date, an objection can also be made separately.
Objection to Signature Works Differently
If the proceeding is based on a bill (promissory note, check) and the signature is not yours, it must be stated separately and explicitly; a general "I do not owe" statement is not considered an objection to signature. In proceedings based on commercial papers, the periods and jurisdiction are different: objection to debt and signature is made directly to the enforcement court within five days, and signature examination by expert is carried out.
Annulment or Removal of Objection?
A creditor who wishes to revive a proceeding stopped by an objection has two ways: an action for annulment of objection (within one year) filed in the general court is open to proof with all kinds of evidence; the removal of objection (six months) in the enforcement court is only possible with qualified documents such as acknowledged signatures or notarized documents, but yields results much faster. In case of an unfounded objection, enforcement denial compensation of no less than twenty percent comes into question; in case of unfounded enforcement, malicious intent compensation may be claimed in favor of the debtor.
What Happens When the Proceeding Becomes Final?
If no objection is made within the period or if the objection is overruled, the proceeding becomes final; the creditor may request attachment. Wage garnishment (as a rule, up to one-quarter of the net salary), bank and vehicle-real estate attachments are applied, then the sales phase is initiated. Even at this stage, an installment payment agreement is possible. For your process strategy as a creditor or debtor, you can refer to our enforcement and bankruptcy law page.
Practice Notes: The Cost of Missing a Deadline
In enforcement practice, the most costly mistake is not taking the notification seriously. The seven-day period when missed, the proceeding becomes final; now, the debtor can only defend themselves by filing a negative declaratory action in the general court — moreover, under pressure to pay to the enforcement cashier. The second common mistake is dismissing the objection with an unreasoned "I owe nothing" phrase: this is a valid objection, but it can narrow the scope of the defense in a subsequent lawsuit; jurisdiction, interest, and signature objections must be separated from the outset. For the creditor, the critical point is document quality: a creditor with a solid contract and invoice system, through the removal of objection, can obtain results within weeks, while unsecured claims face a burden of proof that will last for years. The notification address being the registered address in the commercial registry, e-notification obligations, and proceedings through a proxy are other factors determining the speed of the process. In short, enforcement law is a law of deadlines; the party that keeps track of the calendar wins. Because the period runs so quickly, speaking with a Kepez lawyer the day a payment order is served can be the difference between a timely objection and a proceeding that becomes final.
Deadline Table: How Many Days for Which Action?
Critical deadlines in non-judgmental enforcement can be summarized as follows: objection to payment order — from notification 7 days; declaration of assets — if no objection is made 7 days; action for annulment of objection — from notification of objection 1 year; removal of objection — 6 months. For proceedings based on commercial papers, the objection period decreases to 5 days and is made directly to the enforcement court. Delayed objection can only be raised in the event of an excusable impediment and within three days from the removal of the impediment — this is an exceptional and difficult path; adhering to deadlines from the outset is essential.
Checklist for Debtor and Creditor
Debtor receiving a payment order: note the notification date; assess the principal debt, its interest, and jurisdiction separately; in a partial objection, clearly state the amount; if the signature on the bill is not yours, state this separately.
Creditor facing an objection: assess the nature of the documents you hold (is it an ordinary document, or one with an acknowledged/notarized signature?); for quick results, choose removal of the objection, for extensive proof, choose the action for annulment; do not forget to claim enforcement denial compensation. The process strategy for both parties is established with the tools explained on our enforcement and bankruptcy law page.
Resources
- Enforcement and Bankruptcy Law No. 2004 Art. 62 (period and form of objection), Art. 66 (objection stopping the proceeding), Art. 67 (action for annulment of objection — one year), Art. 68 (definitive removal of objection — six months) — mevzuat.gov.tr
For the current versions of legislative texts, you can access them via mevzuat.gov.tr.