Question 1

How many days do I have to object to enforcement proceedings?

Accepted Answer

In enforcement without a judgment, you must object within 7 days of service of the payment order; in proceedings specific to negotiable instruments, within 5 days. If you object to the signature, this must be stated separately and expressly in the petition; a general objection does not cover the signature. If the deadline is missed, the proceedings become final and move on to the attachment stage.

Question 2

How much of my salary can be attached?

Accepted Answer

As a rule, one quarter of a salary or wage can be attached; this rule also applies to people earning the minimum wage. For maintenance claims this limit does not apply and the deduction takes priority. If there are several attachments, deductions are made in turn. A retirement pension paid by the SGK (Social Security Institution), on the other hand, cannot as a rule be attached, except for maintenance and SGK claims.

Question 3

How many days do I have to object to proceedings based on a cheque?

Accepted Answer

In the attachment procedure specific to negotiable instruments, the objection period is five days, and the objection is made to the enforcement court, not the enforcement office. It should not be confused with the seven-day period in the general attachment procedure. Moreover, this objection alone does not stop the proceedings; a separate decision temporarily staying the proceedings must be obtained from the enforcement court.

Question 4

The debtor transferred their assets to someone else. Is there anything I can do?

Accepted Answer

An action to set aside the transaction can be filed. In this action the transfer is not cancelled; the creditor is given the possibility of requesting attachment and sale of that asset. For gifts and transfers to relatives, a presumption in favour of setting aside applies. As a rule, the action requires that a certificate of insolvency has been obtained, and the period is five years.

Question 5

How do I check an enforcement file on e-Devlet?

Accepted Answer

By using the “UYAP Citizen Portal – File Search” service on e-Devlet, you can see the enforcement files opened against you, the enforcement office where the file is held, the file number, the amount of the debt and the attachment steps taken. A file may appear there even if the payment order has not yet been served; the objection period, however, runs from the date of service.

Question 6

How is an enforcement file closed?

Accepted Answer

The debt is paid into the file account on the basis of an up-to-date statement (cover statement) obtained from the enforcement office; this amount includes the principal claim, interest, costs, attorney fee and collection fee. After payment, the enforcement office is asked to decide that the file has been satisfied and that the attachments are lifted. If a payment made directly to the creditor is not reported to the file, the proceedings may continue.

Question 7

Can a retirement pension be attached?

Accepted Answer

A retirement pension paid by the SGK cannot, as a rule, be attached; maintenance debts and SGK claims are exceptions. Deductions can be made if the debtor gives express consent after the proceedings have begun. A general consent given in advance in a loan agreement is not considered sufficient in the case law of the Court of Cassation; a complaint can be filed with the enforcement court against such a deduction.

Question 8

Do I need a lawyer to start enforcement proceedings?

Accepted Answer

No, the creditor can also start proceedings in person. However, mistakes such as choosing the wrong type of proceedings, an enforcement office without jurisdiction, missing items of the claim or missing the deadline to request attachment delay collection or lead to cancellation of the proceedings. If the debtor objects, the action to set aside the objection also requires separate court proceedings.

Question 9

If bailiffs come, will the things in my home be taken?

Accepted Answer

No, as a rule they will not. Under the Enforcement and Bankruptcy Law as amended in 2023, the personal belongings of the debtor and of family members living in the same home, and all household goods used jointly by the family, cannot be attached; having more than one item of the same kind is also no longer a ground for attachment. Valuables such as money, gold, antiques and ornaments, however, can be attached. If there are goods belonging to someone else in the home, this must be recorded in the attachment report and a third-party title claim must be made within 7 days.

Question 10

How long does an action to set aside an objection take?

Accepted Answer

In Istanbul it generally takes 1–2 years before the civil or commercial court of first instance; for commercial claims, a mandatory mediation stage is added before the lawsuit. If the claim documents are clear and the expert examination is completed quickly, it may take less time. If the action succeeds, the proceedings continue from where they stopped and the debtor may be ordered to pay compensation for denial of the debt.

Question 11

When does a debt become time-barred?

Accepted Answer

The general limitation period is 10 years; for rent, interest and some periodic debts it is 5 years. If 3 years pass from maturity for a promissory note, or from the end of the presentation period for a cheque, negotiable instrument proceedings can no longer be brought; the claim can only be pursued under the general rules on the basis of the underlying relationship. Enforcement based on a judgment becomes time-barred after 10 years, and a claim in a certificate of insolvency after 20 years. The court does not take limitation into account of its own motion; the debtor must raise it in time.

Question 12

Can I object to the payment order through e-Devlet?

Accepted Answer

The objection can be made electronically by sending a petition to the file through the UYAP Citizen Portal; be sure to keep the submission record. In enforcement without a judgment, the objection can also be made in writing or orally to any enforcement office; that office forwards it to the office conducting the proceedings. In cheque and promissory note proceedings, however, the objection is made to the enforcement court. In case of system problems, do not leave the objection to the last day; the period is 7 days in enforcement without a judgment and 5 days in negotiable instrument proceedings.

Question 13

What should I do if bailiffs come to my home?

Accepted Answer

For an attachment to be carried out at a residence, the enforcement officer’s decision must have been approved by the enforcement court; ask the officer to show you this approval. Household goods used jointly by the family cannot be attached; money, gold and valuables, however, can be. If there are goods belonging to your spouse or someone else, have them recorded in the report and make a third-party title claim within 7 days. Read the report before signing it, ask for a copy, and file a complaint against any unlawful acts within 7 days.

Question 14

How long does it take for enforcement proceedings to be concluded?

Accepted Answer

If the debtor does not object and has income that is easy to attach, such as a salary or bank account, deductions can start within a few months. If there is an objection, the action to set aside or the removal of the objection must first be completed; in Istanbul, an action to set aside an objection, including mediation, often takes 1–2 years. If real estate or a vehicle must be sold, the process can exceed a year because of valuation, announcement, the e-sale and possible complaints for annulment of the auction.

Question 15

Can an attachment be lifted without paying the debt?

Accepted Answer

In some cases, yes. If an asset that cannot be attached, a retirement pension or a salary deduction of more than one quarter is involved, the attachment can be lifted by filing a complaint with the enforcement court within 7 days of learning of it. If the creditor does not request a sale within one year of attachment, the attachment on that asset lapses automatically. If there is no debt at all, an action for negative declaration is filed; if the asset belongs to someone else, a third-party title action is filed. Otherwise, lifting the attachment requires payment of the debt or the creditor’s consent.

Question 16

How is a provisional attachment order obtained, and is security required?

Accepted Answer

Provisional attachment is requested from the court for a monetary claim that is due and not secured by a pledge; documents proving the claim are attached to the petition. The creditor provides security to cover the debtor’s loss if the creditor turns out to be wrong; if the claim is based on a judgment, no security is required. After the order is carried out, enforcement proceedings must be started or a lawsuit filed within 7 days; otherwise the attachment lapses. The debtor may also object to the order within 7 days.

Question 17

What happens if I win an e-sale auction but do not pay the price?

Accepted Answer

In sales announced after 31 July 2026, the deposit you paid is not returned; it is set off first against the sale costs and the remainder against the creditors’ claims. In addition, an administrative fine of five per cent of the price you bid is imposed, and this fine is collected through the tax office. If the creditor who requested the sale does not pay the price, ten per cent of the appraised value is deducted from their own claim. You should therefore check your ability to pay and the condition of the asset before bidding.

Question 18

How much compensation will I pay if I object to a payment order without justification?

Accepted Answer

Compensation for denial of the debt is imposed, at the creditor’s request, on a debtor who objected to the payment order without justification, in the action to set aside or the application for removal of the objection. It cannot be less than twenty per cent of the amount awarded; for example, for a claim of 200,000 TL it is at least 40,000 TL. In practice, the claim must be certain or calculable. If the proceedings are found unjustified and in bad faith, compensation at the same rate is imposed on the creditor.

Question 19

I objected to the payment order. Can my salary still be attached?

Accepted Answer

In enforcement without a judgment, an objection made in time stops the proceedings; unless the objection is removed or the action to set aside the objection is won, your salary cannot be attached. If attachment is carried out despite the objection, you can file a complaint with the enforcement court within 7 days. In cheque and promissory note proceedings, however, the objection does not automatically stop the proceedings; unless the enforcement court issues an interim stay decision, steps other than the sale, including wage attachment, may continue. If a provisional attachment was imposed earlier, that attachment also remains.

Enforcement — frequently asked questions

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