Enforcement and Bankruptcy Law
Information on enforcement proceedings, debt collection, objections to payment orders and bankruptcy under Turkish law, for clients in Şanlıurfa and abroad.
Enforcement and bankruptcy law (icra ve iflas hukuku) governs how creditors collect unpaid debts through the state enforcement offices (icra dairesi) and how debtors can defend themselves. It concerns individuals, companies and also people living abroad who have a claim against someone in Turkey, or who discover that proceedings have been started against them while they were away.
Turkish enforcement procedure is largely formal and deadline-driven. A missed deadline can make a debt final even if the debtor disputes it, so early review of the documents is important.
Scope of services
- Starting enforcement proceedings (icra takibi) based on invoices, contracts or court judgments
- Proceedings based on negotiable instruments such as cheques and promissory notes (kambiyo senedi)
- Objections to payment orders (ödeme emrine itiraz) and to signatures or debts
- Actions to set aside an objection (itirazın iptali) and to lift an objection (itirazın kaldırılması)
- Attachment (haciz) of bank accounts, salaries, vehicles and real estate, and objections to attachments
- Foreclosure of mortgages (ipoteğin paraya çevrilmesi)
- Negative declaratory actions (menfi tespit davası) and actions for restitution (istirdat davası)
- Bankruptcy (iflas) and composition with creditors (konkordato) procedures
How does the process work?
- The documents, the claim and any payment order received are reviewed and the applicable deadlines are identified.
- The appropriate type of proceeding or objection is chosen, and the request is filed with the enforcement office or the competent court.
- The debtor's assets are researched through the enforcement system (UYAP) and attachment requests are made where legally possible.
- Objections, complaints (şikayet) and related lawsuits are followed up until the file is concluded.
- The client is informed of each step, including collections, sales and any settlement offers.
Frequently asked questions
How long do I have to object to a payment order?
In general enforcement proceedings without a judgment, the debtor may object within seven days of being served with the payment order. For proceedings based on cheques or promissory notes, different and equally short deadlines apply. It is advisable to have the document reviewed immediately after service.
I live abroad. Can proceedings be started or defended without travelling to Turkey?
Yes. A power of attorney (vekaletname) can be issued at a Turkish consulate or, alternatively, before a local notary with an apostille and a sworn translation (yeminli tercüme) into Turkish. The proceedings can then be conducted through a lawyer.
Can my salary or pension paid abroad be attached?
Turkish enforcement offices act on assets located in Turkey. Enforcing a Turkish claim abroad usually requires recognition under the law of the other country. Each case is assessed individually.
For questions about a specific file, you can reach us through the contact page.