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Türkiye’s Enforcement and Bankruptcy Law gives creditors an unusual tool: enforcement proceedings can be started without a prior judgment. For a foreign supplier with unpaid invoices, this means a payment order can be served on the Turkish debtor within days. What happens next depends on whether the debtor objects.
At a glance
- Start
- Payment order through the enforcement office
- Debtor objection
- 7 days — stops the proceedings
- After objection
- Mediation, then action to annul the objection (1 year)
- Cheques and notes
- Fast-track procedure, 5-day objection
Before starting
Gather the contract, invoices, delivery documents, correspondence acknowledging the debt and any security. Check the debtor’s registered address and trade registry details: a payment order served at the wrong address is a waste of time. A preliminary search of the debtor’s assets helps decide whether to request precautionary attachment.
Enforcement without judgment
The enforcement office issues a payment order requiring the debtor to pay within seven days or object within the same period. If the debtor does not object, the proceedings become final and the creditor may attach assets — bank accounts, receivables, vehicles, real estate.
If the debtor objects, the proceedings stop. The creditor then either:
- applies to the enforcement court for removal of the objection within six months, if it holds a document such as a debt acknowledgement with a notarised signature, or
- files an action to annul the objection within one year before the commercial court — after mandatory mediation for commercial money claims.
If the court finds the objection unjustified, the debtor may be ordered to pay enforcement compensation of at least twenty per cent of the amount, which discourages tactical objections.
Where the debt is due and unsecured, or there is a risk that the debtor will hide assets, the court may order precautionary attachment before or during the case. The creditor usually provides security.
Cheques, promissory notes and bills of exchange
Negotiable instruments benefit from a special procedure. The debtor has only five days to object, before the enforcement court, and objections are limited — for example to forgery of the signature or payment. This makes these instruments a powerful form of security in commercial dealings.
Judgments and arbitral awards
Turkish judgments are enforced through an execution order. Foreign judgments and arbitral awards must first be recognised and enforced by a Turkish court; see recognition of foreign judgments.
When the debtor is insolvent
If the debtor applies for concordat, a moratorium halts most enforcement. Creditors must file their claims with the commissioner and vote on the proposed payment plan. Transactions that removed assets from the debtor before insolvency may be set aside through an action for annulment of dispositions.
See also our enforcement and bankruptcy law page.
Can I collect in foreign currency?
Yes. Enforcement can be started in the foreign currency of the contract; payment is made in that currency or in Turkish lira at the exchange rate on the payment date.
Can I claim interest?
Yes — contractual interest or, failing that, statutory commercial default interest from the date of default.
This article is for general information only and does not constitute legal advice. Time limits, rates and thresholds may change with new legislation; please have your specific situation assessed by a lawyer before taking action.
Prepared by
Candan Law & Consultancy
An Ankara-based law firm practising since 1997, representing individuals, companies and public-sector contractors in Turkish, English and French.
