Enforcement Proceedings, Annulment of the Objection and Receivable Lawsuits
A receivable based on an invoice or an open account balance may, depending on its conditions, be made the subject of enforcement proceedings without a court judgment or of a direct receivable lawsuit. Before enforcement proceedings or a lawsuit, the source, amount, maturity, due date and interest start date of the receivable and the correct identification of the debtor are required.
In this context:
- The contract, invoice or open account relationship as the basis of the enforcement
- The period and transactions that are the subject of the enforcement
- The principal receivable, interest and ancillary receivable items
- The date of default and the formal notice
- The scope of the debtor’s objection to the enforcement
- The time limit for the action for annulment of the objection
- The conditions for compensation for denial of the debt (icra inkâr tazminatı) or for bad faith
- The scope of mediation as a condition precedent to litigation
- Commercial books and expert examination
- Conditions for an indeterminate receivable or a partial lawsuit
- Precautionary attachment and collection risk
- The statute of limitations and the effect of earlier enforcement proceedings
are assessed. Compensation for denial of the debt is not an automatic outcome; whether the receivable is liquid, the nature of the objection and the other statutory conditions are examined separately in the specific file.
Negative Declaratory Actions and Actions for Recovery of Payment
A person from whom a debt is claimed on the basis of an invoice, a current account or a reconciliation record may assert that the debt never arose, has ended, has been paid or was booked to the wrong account, or that the amount claimed does not reflect reality. A negative declaratory action may come into play before or after enforcement proceedings; if payment has been made, an action for recovery of payment may come into play, subject to its conditions.
The main defenses:
- No contract between the parties
- Goods not delivered or a service not performed
- Incomplete, defective or non-conforming performance
- Unauthorized or erroneous issuance of the invoice
- An invoice objection made within the period or later
- Payment, set-off, offsetting or release
- Denial of the signature or authority on the reconciliation document
- Incorrect calculation of the current account balance
- Duplicate invoice or entry
- The statute of limitations
- Payment made under the threat of enforcement
The filing of a negative declaratory action does not stop the enforcement proceedings automatically. A request for interim legal protection must be assessed separately within the framework of whether the action is filed before or after the proceedings, security and the relevant statutory restrictions.
Mediation as a Condition Precedent, Jurisdiction and Venue
In claims for commercial receivables and compensation, and in actions for annulment of the objection, negative declaratory actions and actions for recovery of payment, applying to mediation before filing the lawsuit may be required, subject to statutory exceptions. In the mediation application, it matters for the later lawsuit that not only the total amount but also the invoices in dispute, the period, the account items, and interest and ancillary claims are described with sufficient specificity.
In determining subject-matter and territorial jurisdiction:
- Whether the dispute is a relatively or absolutely commercial case
- The parties’ status as merchants, consumers or another capacity
- The type of the underlying contract
- The jurisdiction of the commercial court of first instance, a consumer court or another court
- The jurisdiction and arbitration clause in the contract
- The place where the enforcement proceedings were conducted
- Venue rules independent of the place where the invoice was issued or sent
- The place of performance of the debt
- A foreign element and the applicable law
are examined. A jurisdiction clause written unilaterally on an invoice does not, in every case and by itself, show that a valid jurisdiction agreement exists between the parties.
Statute of Limitations and Management of Short Time Limits
In disputes over invoices, current accounts and commercial books, there is no single time limit. The period may vary according to the type of the underlying contract, the maturity of the receivable, the current account agreement, the date of payment or acceptance, the enforcement proceedings and the claim asserted.
A separate schedule of time limits should be prepared for every file:
- The dates the invoice was received and objected to
- The dates the confirmation letter was received and objected to
- The period for objecting to the balance statement in a statutory current account
- The due date of the debt and the date of default
- The statute of limitations on the underlying receivable
- The dates of the enforcement proceedings and of the objection
- The time limit for the action for annulment of the objection
- The relevant periods for a negative declaratory action and recovery of payment
- Periods for defects and notice
- The effect of mediation on time limits
- Periods for appeal to the regional court of appeal and to the Court of Cassation
Failing to object to an invoice within the eight-day period and the expiry of a receivable under the statute of limitations are different legal questions. The calculation of time limits should be made on the basis of the underlying legal relationship and the type of claim, not the name of the document.
International Invoice, Account and Reconciliation Disputes
Where one of the parties is a foreigner, the contract was concluded in another country, goods are delivered across borders, the service is performed in different countries or the account is kept in a foreign currency, private international law and international trade rules are assessed separately.
In this context:
- The applicable law and the competent court
- Arbitration and dispute resolution clauses
- International sale and delivery rules
- The Incoterms clause and the passing of risk
- Contract, invoice and reconciliation in a foreign language
- Foreign currency, exchange rate and payment records
- Cross-border bank and payment service records
- Customs, transport and delivery documents
- Service abroad, apostille and translation
- Recognition, enforcement and execution of foreign court judgments and arbitral awards
- Precautionary attachment and receivable enforcement in Türkiye
are examined. It should not be assumed that an accounting record or an invoice acceptance system in one country will produce the same evidentiary result in Türkiye.
Our Approach in an Enforcement and Litigation File
We limit the claim or defense to the relationship on which the invoice rests, and we build the framework of the correct party, period, due date, interest and evidence. The route of application, the need for mediation and a request for interim protection are assessed together. Within the agreed scope, the client is informed about the process and missing documents.
Filing a lawsuit does not stop the enforcement automatically
In a negative declaratory action in particular, an application before and after the enforcement proceedings has a different effect. Interim measures, security and the scope of the claim are examined under the provisions of the İİK. An application or an appointment request does not take the place of a time-limited step against a payment order.
Mediation and a collection plan
Under TTK Art. 5/A, mediation is treated as a condition precedent to litigation in actions for commercial receivables, compensation, annulment of the objection, negative declaration and recovery of payment where the claim concerns money. Exceptions and any arbitration clause are examined separately. In a settlement, the payment date, interest, security, costs and the consequences of non-performance should be clear.
Fees, expenses and coordination abroad
The attorney’s fee and court fees, expert, service, translation and other expenses are determined separately. Where local representation is required in a foreign country, an attorney authorized in that country conducts the matter; the scope, responsibilities and fee for the selection, consultation, contract, document flow, follow-up and information coordination are agreed separately.