The inability to recover a receivable, or an unexpected payment order, marks the start of a process in which short time limits apply. Most time limits under the Enforcement and Bankruptcy Law (İİK) are seven days, and for negotiable instruments they are five days. Missing these time limits can have serious consequences even in a dispute where you are in the right.

On this page, we summarise the enforcement and bankruptcy issues most frequently encountered by creditors and debtors, the applicable time limits and the procedure followed. Our office, based in Istanbul (Küçükçekmece), acts for both creditors and debtors and provides advice in enforcement and bankruptcy law.

What matters do we handle in this area?

Commencing and conducting enforcement proceedings with and without a judgment
Special proceedings for negotiable instruments based on cheques, promissory notes and bills of exchange; dishonoured cheque disputes
Objection to the payment order, objection to signature, and complaint to the enforcement court
Actions for annulment of objection and lifting of objection
Negative declaratory and restitution actions
Attachment procedures, attachment of salary, complaints of non-attachability
Third-party ownership actions, custodian and preservation disputes
Complaints against valuation and annulment of auction
Proceedings by way of bankruptcy, bankruptcy actions and filing claims with the bankruptcy estate
Concordat applications and monitoring the rights of the creditor side during the concordat process

Types of proceedings: non-judgment, judgment-based and negotiable instruments

1. Non-judgment enforcement (general attachment procedure). A creditor who does not hold a court judgment applies to the enforcement office with a request for enforcement. The payment order served on the debtor requires the debt to be paid within seven days and any objection to be notified within the same period (İİK Art. 60).

2. Judgment-based enforcement. This is based on a court judgment. An enforcement order is served on the debtor, requiring payment within seven days (İİK Art. 32). Within this period, the debtor may apply to the enforcement court only on limited grounds: that the debt has been paid, deferred or become time-barred (İİK Art. 33). If the judgment has been appealed, a stay of enforcement may be requested upon provision of security (İİK Art. 36).

3. Special attachment procedure for negotiable instruments. This is a faster route for cheques, promissory notes and bills of exchange. The time limit stated in the payment order is ten days. However, objections and complaints concerning the debt, the signature or the instrument’s character as a negotiable instrument must be made within five days and directly to the enforcement court (İİK Art. 168–170).

If you are the debtor: objecting to the payment order

An objection to the payment order is made within seven days from service, either by petition to the enforcement office or orally (İİK Art. 62). An objection made in time stays the proceedings.

Objection to signature: If the signature on the instrument underlying the proceedings is not yours, this must also be stated separately and expressly. Otherwise, the instrument will be deemed to have originated from you (İİK Art. 60).
Difference in negotiable instrument proceedings: Here the objection is made not to the enforcement office but to the enforcement court within five days. As a rule, this objection does not stay the enforcement steps other than sale (İİK Art. 169, Art. 170).
Complaint: Against an unlawful act of the enforcement office, a complaint may be filed with the enforcement court within seven days from learning of the act (İİK Art. 16).

If you are the creditor: annulment of objection and lifting of objection

When the debtor objects, the proceedings stop. The creditor has two options.

Lifting of objection (enforcement court): If the claim is based on a written acknowledgment of debt whose signature is admitted or notarised, or on an official document, the creditor may request the enforcement court to lift the objection within six months from service of the objection (İİK Art. 68). Where the signature has been denied, the procedure for provisional lifting is separately regulated (İİK Art. 68/a).
Action for annulment of objection (general court): Within one year from service of the objection, the creditor may bring an action and prove the existence of the claim under the general rules (İİK Art. 67). Depending on the nature of the claim (for example commercial claims, consumer or tenancy disputes), applying to a mediator before filing the action may be a precondition to suit.

Compensation for wrongful objection in enforcement proceedings: If, in the action for annulment of objection, the debtor’s objection is found unjustified, the debtor may, upon request, be ordered to pay compensation of not less than twenty per cent of the amount awarded. If the proceedings were unjustified and brought in bad faith, the same compensation may also be awarded against the creditor (İİK Art. 67).

Negative declaratory and restitution actions

If enforcement has been commenced, or is about to be commenced, in respect of a claim you do not owe, a negative declaratory action may be brought (İİK Art. 72).

If brought before the proceedings: The court may grant an interim injunction staying the proceedings against security in an amount of at least fifteen per cent of the claim.
If brought after the proceedings: The proceedings cannot be stayed by interim relief. However, against security, it may be requested that the money held by the enforcement office not be paid to the creditor.
Bad-faith proceedings: If the action ends in favour of the debtor and it is understood that the proceedings were unjustified and brought in bad faith, compensation of not less than twenty per cent of the claim will be awarded against the creditor.
Restitution: A person who was forced to pay money not owed under enforcement pressure may sue for its return within one year from the date of payment (İİK Art. 72).

Attachment, attachment of salary and non-attachability

Once the enforcement proceedings become final, the creditor may request attachment of the debtor’s assets and receivables.

Assets that cannot be attached: Household goods jointly used by the debtor and their family, items necessary to continue their profession, a home appropriate to their circumstances and student bursaries are among the items that cannot be attached by law (İİK Art. 82). If the value of the home appropriate to the debtor’s circumstances is high, it may be sold, leaving the debtor an amount sufficient to buy another home.
Attachment of salary: Salaries and wages may be attached after the amount necessary for the maintenance of the debtor and their family is set aside. The attachable amount may not be less than one quarter. If there is more than one attachment, they are ranked in order (İİK Art. 83).
Pension: Income and pensions paid by the Social Security Institution (SGK) may not be attached, except for maintenance debts and receivables of the Institution, unless the debtor consents (Law No. 5510 Art. 93).
Attachment at a residence: Since 2023, for attachment to be carried out at a residence, the enforcement director’s decision must be approved by the enforcement court (İİK Art. 79/a).
Receivables held by third parties: Money in the debtor’s bank account or a receivable owed to the debtor by a third party is attached by an attachment notice. If the third party does not notify its objection within seven days, the debt may be deemed to be owed by that third party (İİK Art. 89).

Claims of non-attachability are raised by way of complaint before the enforcement court; the time limits are short and should not be missed.

Third-party ownership action

If the attached asset belongs not to the debtor but to a third party, a third-party ownership claim is raised. If the asset is in the debtor’s possession and, following an objection to the claim, the enforcement court decides that the proceedings should continue, the third party must bring a third-party ownership action within seven days from service of the decision (İİK Art. 97). If the asset is in the possession of the third party, then it is the creditor who must bring the action within seven days (İİK Art. 99).

Sale, auction and the 2026 amendments

The sale of the attached asset is conducted by auction on the electronic sales portal integrated with UYAP (İİK Art. 111/b, Art. 114). As a rule, participation in the auction requires a security deposit equal to ten per cent of the appraised value. Before the sale, the debtor may request authorisation to sell the asset themselves (İİK Art. 111/a).

Law No. 7589 (Official Gazette: 31.07.2026) made the following amendments to İİK Art. 114:

No security is taken from the creditor requesting the sale and participating in the auction to the extent that its claim covers the security; the Treasury is exempt from security.
The security of the buyer who makes the highest bid but fails to pay the auction price in time is not returned. In addition, that person is given an administrative fine equal to five per cent of the amount bid.
In sales for the dissolution of co-ownership of immovable property acquired entirely by inheritance and having no owners other than the heirs, the first auction is conducted, on a one-off basis, only among the heirs and over the full appraised value.

The amendments do not apply to auctions announced before they entered into force.

Routes of challenge: A complaint may be made against the valuation within seven days from service of the report (İİK Art. 128/a). Annulment of the auction may be requested within seven days from the auction date, but only by the persons listed in the law (İİK Art. 134).

Bankruptcy and concordat

Proceedings by way of bankruptcy may be brought only against debtors subject to bankruptcy (merchants and trading companies). The bankruptcy action is heard by the Commercial Court of First Instance at the debtor’s principal place of business (İİK Art. 154).

Concordat is a judicial process enabling a debtor who cannot pay their debts when due, or is in danger of being unable to do so, to reach an arrangement with creditors by way of extension of time or reduction (İİK Art. 285 et seq.).

The application is filed with the Commercial Court of First Instance together with a preliminary project and financial documents (İİK Art. 286).
The temporary respite may not exceed a total of five months, including extensions (İİK Art. 287).
If prospects of success are seen, a one-year definitive respite is granted; in difficult cases it may be extended by up to six months (İİK Art. 289).

For the creditor side, the timely filing of the claim, objections to the project and rights at the confirmation stage are monitored. For company structure and restructuring, see: Companies and Commercial Law.

How does the process work?

Initial assessment: The basis of the claim or debt, the documents, the date of service and the running time limits are examined.
Choice of route: For the creditor, the type of enforcement; for the debtor, the appropriate objection, complaint or court action is determined.
Proceedings or objection: The request for enforcement or the objection is prepared in time and tracked through UYAP.
Court stage: If required, mediation, followed by an action for annulment of objection, a negative declaratory action or a third-party ownership action.
Attachment and sale: The attachment, valuation and electronic sale procedures are followed.

Documents to be prepared

Payment order, enforcement order or attachment notice, and the date of service
Basis of the claim: contract, invoice, cheque, promissory note, court judgment
Proof of payment: bank transfer receipt, receipt, deed of release
Correspondence and formal notices between the parties
For companies, trade registry records, signature circulars and current account statements

Common mistakes

Leaving a payment order unanswered on the basis that “it is unjust anyway”
In negotiable instrument proceedings, filing the objection with the enforcement office or missing the five-day time limit
Failing to state an objection to signature separately and expressly
Failing to document cash payments made by hand
Missing the one-year time limit for an action for annulment of objection
Delaying a complaint of non-attachability

Frequently asked questions

How many days is the time limit to object to a payment order?
In non-judgment enforcement, it is seven days from service and the objection is made to the enforcement office. In proceedings specific to negotiable instruments, the time limit is five days and the objection is made to the enforcement court.

What can be done against unjust enforcement proceedings?
First, an objection should be made to the payment order in time. If the debt has been paid or never arose at all, a negative declaratory action may be brought. If payment was made under enforcement pressure, a restitution action may be brought within one year from payment.

How much of a salary can be attached?
It may be attached after the amount necessary for the maintenance of the debtor and their family is set aside. The attachable amount may not be less than one quarter. Pensions paid by SGK, however, cannot be attached without the debtor’s consent, except for maintenance and Institution receivables.

When is an action for annulment of objection filed?
Within one year from service on the creditor of the debtor’s objection. For some claims, applying to a mediator beforehand is a precondition to suit.

Where is an objection made in negotiable instrument proceedings?
Objections and complaints concerning the debt, the signature or the instrument’s character as a negotiable instrument are made to the enforcement court within five days.

Can my home be attached?
For attachment at a residence, the enforcement director’s decision must be approved by the enforcement court. Household goods and a home appropriate to the debtor’s circumstances cannot, as a rule, be attached.

What Is Non-Judgment Enforcement?
Enforcement Proceedings and Objection Processes for Negotiable Instruments
Declaration of Non-Liability Arising from a Cheque: Negative Declaratory Action
Salary Attachment, Bank Account Freezes, Home Attachment and Objection Processes
Can a Pension Be Subject to Attachment Deductions?
What Is a Third-Party Ownership Action?
Limitation Periods in Enforcement Proceedings
Company Liquidation and Bankruptcy Processes: Creditor Rights
Concordat and commercial claims: Companies and Commercial Law

Contact

To discuss enforcement proceedings, an objection or a bankruptcy process, you can reach us through our contact page.

Istanbul: Kartaltepe Mah. Süvari Cad. Torkam E5 Residence A Blok D:21, Sefaköy, Küçükçekmece
Tel: +90 212 579 79 85

This page is for general information only and does not constitute legal advice for your specific case. Legislation and case law may change; before taking action, please assess the current position with a lawyer.

Enforcement and Bankruptcy Law