The questions below offer a general framework on the first checks on a payment order, objection and action routes where the debt is denied, and documents for objections to attachment. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–7 of 7 questions
What should be checked first when an enforcement payment order is notified?
When a payment order is received, the type of proceedings and the date of notification should be examined first; in enforcement without a judgment through general attachment, the time limit for objection is, as a rule, seven days.
Article 62 of the Enforcement and Bankruptcy Law (İİK) provides that, in enforcement without a judgment through general attachment, the objection must be made within seven days of notification of the payment order. Applying this rule automatically to enforcement specific to negotiable instruments, enforcement based on a judgment or special types of enforcement may lead to a serious loss of rights. The enforcing creditor, the identity of the debtor, the principal claim, interest, the attorney’s fee, the basis of the enforcement and the notification procedure must be checked. The calculation of the time limit rests not only on the date shown on the document but on a valid act of notification. Where a partial objection or an objection to the signature is required, a clear declaration made in the proper form is also important.
Which actions and objection routes can be considered on the claim that the debt is not owed?
Depending on the type of enforcement and the stage of the dispute, the routes of objection to the debt, action for negative declaratory judgment, action for recovery of payment or complaint may be examined; no route produces an automatic result in every file.
Article 72 of the İİK provides for the action for negative declaratory judgment, to establish before or after enforcement that the debtor does not owe the debt, and for the action for recovery of payment, to obtain a refund of a payment where the statutory conditions are met. An objection filed during enforcement does not serve the same legal function as an action to establish that the debtor does not owe the debt. If the enforcement has become final and attachment has been applied, the limits of any interim injunction to be obtained are assessed separately. Claims concerning the signature on the instrument, authority of representation, payment, statute of limitations, set-off and duplicate collection must each be made concrete. An application and the filing of an action do not, by themselves, stop every enforcement act; choosing the wrong route may lead to a loss of security and of time.
Which documents matter in objections concerning attached assets and rights?
The attachment record, the nature of the attached asset and the ownership documents should be examined first; a complaint of non-attachability and a third-party ownership claim (istihkak) must be kept distinct.
The claim that an asset belonging to the debtor cannot be attached and the claim of a third party’s right of ownership require different legal routes. Article 82 et seq. of the İİK is important for the regime of non-attachability, and Article 96 et seq. for third-party ownership claims. The function of the asset, its actual use, whether it belongs to a third party, the statements of those present at the attachment and the records are examined. Special provisions may apply to attachments concerning a bank account, a retirement pension, a salary or real property. Application periods and the competent enforcement law court (icra hukuk mahkemesi) are determined according to the specific type of act. It is important, for evidentiary purposes, that the ownership document presented at the time of the attachment and the objection be entered in the record.
Can enforcement attachment be placed on the entire salary?
As a rule, the attachment of wages is subject to statutory limits; the type of claim and special exceptions are decisive.
Article 83 of the İİK, the Labor Law and special provisions such as those on maintenance claims must be examined together. The attachment notice, the employer’s deduction and the debtor’s other enforcement proceedings must be compared in concrete terms.
Are attachments automatically lifted when a payment is made in an enforcement file?
Not always; the debt must be closed together with all its accessories and the necessary enforcement acts must be carried out.
The calculation of principal, interest, fees, attorney’s fee and collection costs must be checked. The balance of the file in UYAP and the actual lifting of a bank or land registry attachment are different stages.
What happens if an attachment notice sent to a third party goes unanswered?
According to the time limits and consequences regulated in Article 89 of the İİK, the third party may face a risk of liability.
The dates of service of the first, second and third attachment notices, and whether a debt or asset actually existed, are examined. The actions and legal remedies available if the time limit is missed depend on specific conditions.
Is the postponement of bankruptcy still applied?
No. The institution of postponement of bankruptcy (iflasın ertelenmesi) is not in force.
The institution of postponement of bankruptcy found in the former legislation has been abolished. For debtors in financial difficulty, composition with creditors (konkordato) and the other restructuring instruments currently in force should be considered today. Texts on the former website content that present postponement of bankruptcy as a current avenue of application should be removed from publication or clearly marked as a historical explanation.