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Enforcement proceedings, an inseparable part of the law of obligations and commercial life, can have serious consequences for individuals and companies alike. For this reason, when enforcement proceedings are initiated against you, it is important to act without panic, by analysing the process correctly and exercising your legal rights. In this article, we explain the steps you should take when enforcement proceedings are initiated against you, together with the types of enforcement with and without a court judgment, the routes of objection, fake enforcement SMS scams, the objection to signature specific to negotiable instruments, and the possibilities of objecting to the accessories of the debt.
Enforcement proceedings, an inseparable part of the law of obligations and commercial life, can have serious consequences for individuals and companies alike. For this reason, when enforcement proceedings are initiated against you, it is important to act without panic, by analysing the process correctly and exercising your legal rights.
In this article, we explain the steps you should take when enforcement proceedings are initiated against you, together with the types of enforcement with and without a court judgment, the routes of objection, fake enforcement SMS scams, the objection to signature specific to negotiable instruments, and the possibilities of objecting to the accessories of the debt.
1. What Are Enforcement Proceedings?
Enforcement proceedings are the legal process that a creditor initiates before the Enforcement Office in order to collect a receivable from the debtor by means of state power. This process may be based on a court decision (enforcement with a judgment) or may be initiated without any court decision (enforcement without a judgment).
2. Types of Enforcement Proceedings: Enforcement Without a Judgment and Enforcement With a Judgment
Enforcement proceedings are fundamentally divided into two, according to the document on which they are based:
a) Enforcement Proceedings Without a Judgment
Enforcement without a judgment is the type of proceedings that the creditor initiates by applying directly to the Enforcement Office without any court decision.
Fields of application:
Debts based on invoices and contracts
Current account receivables
Rent payments
Negotiable instruments such as cheques and promissory notes
Process:
The creditor submits an enforcement request to the Enforcement Office.
The enforcement office sends a payment order to the debtor.
From the date on which the payment order is served on the debtor, the debtor may object:
within 7 days in the case of ordinary debts,
within 5 days in the case of negotiable instruments.
An objection made within the time limit stays the proceedings.
If no objection is made, the proceedings become final and attachment measures may be commenced.
Special Situation in Proceedings Based on Negotiable Instruments:
In enforcement proceedings without a judgment based on negotiable instruments (cheques, promissory notes, bills of exchange), the debtor may object to the payment order only by applying to the Enforcement Court. In this type of proceedings:
Objection to signature: The debtor may claim that the signature on the instrument is not his or her own. This objection must be made to the Enforcement Court within 5 days.
Objection to the debt: An objection to the debt may likewise be made by applying to the Enforcement Court on grounds such as that the debt has been extinguished, has been paid or is invalid.
b) Enforcement Proceedings With a Judgment
Enforcement with a judgment is the type of proceedings that is initiated on the basis of a court decision or a document having the nature of a judgment.
Fields of application:
Receivables established by a court decision
Alimony receivables
Mediation agreements bearing an enforceability annotation
Recognition and enforcement decisions
Decisions concluded and approved by way of settlement
Process:
The creditor initiates the proceedings by submitting the relevant court decision to the enforcement office.
An enforcement order is sent to the debtor.
The debtor may raise only objections relating to form and procedure, by way of a complaint to the Enforcement Court, within 7 days.
If no complaint is made, the judgment becomes enforceable, and measures such as attachment and eviction may be proceeded with directly.
3. The Right to Object and Time Limits
You have the right to object to the proceedings initiated against you within certain time limits. Otherwise, the proceedings become final.
Common grounds for objection:
That the debt does not exist
That the debt has been partially paid
That the debt is time-barred
That an enforcement office lacking jurisdiction was used in the proceedings
The accessories of the debt (interest, costs, attorney's fees, etc.)
Time limits for objection:
Type of Proceedings | Time Limit for Objection |
Enforcement without a judgment (ordinary debt) | 7 days |
Enforcement without a judgment (negotiable instrument) | 5 days |
Enforcement with a judgment | 7 days (complaint only on grounds of form and procedure) |
The time limits begin to run from the date on which the payment order or enforcement order is served. Objections are made in writing to the enforcement office. In the case of negotiable instruments or enforcement with a judgment, however, an application directly to the Enforcement Court is required.
4. What Should Be Done If the Debt Is Acknowledged?
If the debt is acknowledged, payment must be made, together with the file costs and interest, within the period stated in the payment order. This payment must be made to the bank account specified by the Enforcement Office, and the receipt must be kept.
If the debt is high and it is not possible to pay it in full, concluding a written instalment agreement with the creditor may be considered.
5. What Happens If No Objection Is Made Within the Time Limit?
If the objection period has passed and the debt has not been paid, the proceedings become final. In this case, the creditor;
may request an attachment on the debtor's salary and bank accounts.
Attachment may be applied to movable or immovable property.
The debt is collected through the sale of the attached property.
Important: Items appropriate to the debtor's condition, certain assets earmarked for personal use and social assistance income cannot be attached. However, making a false declaration may lead to more serious consequences.
6. How Can You Find Out About the Enforcement File?
You can check via e-Devlet (e-Government) whether proceedings have been initiated in your name:
e-Devlet > UYAP Citizen Portal > My Enforcement Files
Here, it is possible to access information on the type of proceedings, the creditor, the amount of the debt and the date of the payment order.
7. Beware of Fake Enforcement Order SMS Messages
In recent years, many people have received SMS messages on their mobile phones such as “your enforcement file has been opened” or “if you do not pay your debt, attachment will be applied”. Such messages are most often sent for the purpose of fraud.
What you need to know:
Genuine enforcement proceedings are initiated only by official notification.
Notification is made physically through PTT (the Turkish postal service) or through UETS (the National Electronic Notification System).
Notices received by SMS, WhatsApp message or e-mail are not legally notifications.
What should you do?
Check via e-Devlet whether a file has been opened in your name.
Do not click on the links in the message and do not share any information.
If you are not sure, consult an attorney.
Remember: No enforcement action that would produce any legal consequence for you can be initiated without official notification.
8. Should You Seek the Support of an Attorney?
Enforcement law is a technical field full of strict time limits, special types of proceedings and formal rules. In particular:
If you think there is an error in the proceedings,
If documents such as negotiable instruments are involved,
If you wish to object without missing the time limit,
obtaining legal advice from an attorney will prevent the loss of rights.
9. Conclusion
If enforcement proceedings have been initiated against you, you should first determine the type of proceedings without panicking; if you are going to pay, you should pay within the time limit; and if you do not acknowledge the debt, you should exercise your right through legal channels before the objection period passes.
Missing the time limits may result in the loss of the right to object and in attachment measures directed straight at your assets. It is important to obtain professional support where necessary in order to conduct the process correctly.
Attorney at Law Yusuf Şimşek
