Adana Enforcement Law Frequently Asked Questions

Enforcement proceedings are the set of legal procedures in which the power of the State is used to collect a receivable from a person who has not paid their debt (the debtor). The creditor initiates enforcement proceedings against the debtor by applying to the enforcement office; the aim is thus to collect the debt through official channels. When enforcement proceedings are initiated, the enforcement office sends the debtor a payment order (service of process from the enforcement office). If the debt is not paid at the end of these proceedings, attachment is placed on the debtor's assets, which are sold, and the receivable is collected. Enforcement proceedings may be based on a court judgment (enforcement based on an enforceable judgment, ilamlı icra; an enforceable judgment, ilam, being the written court judgment that can be put into enforcement) or may be initiated directly upon the creditor's application without a court judgment (enforcement without a judgment, ilamsız icra).

To initiate enforcement proceedings, the creditor or their representative applies with a request for enforcement to the enforcement office of the place where the debtor is domiciled (or which otherwise has jurisdiction). This application states the amount of the receivable, its basis and the debtor's details. Proceedings may be initiated through a lawyer, and it is also possible for the creditor to initiate enforcement proceedings personally, without a lawyer. Upon the application, the enforcement office serves a payment order on the debtor. The payment order sets out the statutory time limits for paying the debt or objecting to it. Enforcement proceedings formally begin once the fees and costs have also been paid. Depending on the type of receivable, the creditor conducts the procedures by choosing the appropriate route among enforcement based on an enforceable judgment, enforcement without a judgment and proceedings specific to negotiable instruments. Once the correct type of proceedings has been determined, it is sufficient to apply to the enforcement office with the necessary documents.

The payment order (service of process) sent to the debtor by the enforcement office should be taken seriously. When you receive this service, you should first look at its contents: it states the amount of the debt and its basis. If you accept the debt, the most appropriate course is to make payment within 7 days of service. If you cannot pay the debt or you consider the debt to be unjustified, you have the right to object to the enforcement office within the same 7 days. If no objection is made to the payment order within the time limit and the debt is not paid either, the proceedings become final and the creditor may proceed to attachment procedures. In short, when service of process from the enforcement office arrives, either pay the debt or object to the debt within the 7-day time limit. If you do nothing, the proceedings may become final and attachment may be placed on your assets.

Enforcement based on an enforceable judgment is enforcement proceedings initiated for a receivable based on a court judgment or on a document having the force of law. If the creditor holds an enforceable judgment (for example, a court judgment or a document having the nature of a judgment), they may put this judgment into enforcement and collect from the debtor by way of compulsory enforcement. In enforcement based on an enforceable judgment, the initiation of enforcement proceedings requires a court judgment that has become final or that is open to appeal to the Court of Cassation. Relying on the enforceable judgment, the enforcement office sends the debtor an enforcement order (icra emri). If the debtor does not fulfil the obligation in the enforceable judgment (such as paying money, handing over a child or vacating an immovable property) within the period stated in the enforcement order, the stages of compulsory performance and attachment follow. In short, enforcement based on an enforceable judgment means "enforcement based on a court judgment".

Enforcement without a judgment is the enforcement route initiated for the collection of money or security receivables without relying on any court judgment. For example, for a receivable based on a promissory note, an invoice or a contract, the creditor may go directly to the enforcement office and initiate enforcement proceedings without a judgment (ilamsız takip, proceedings that do not require a court judgment). The enforcement office sends the debtor a payment order, and the debtor has the right to object or to pay within 7 days. Proceedings without a judgment are the most frequently used route of proceedings and are also known as proceedings by way of general attachment (genel haciz yoluyla takip). On this route, although the creditor does not hold an official enforceable judgment, the process begins with the request for enforcement. If the debtor does not object or pay within the time limit, the proceedings become final and attachment may be applied. In short, enforcement without a judgment is the method of "collecting a receivable directly by way of enforcement, without a court judgment".

The most fundamental difference is the underlying document. Enforcement based on an enforceable judgment relies on a court judgment or on a document having the nature of a judgment, whereas no such judgment is needed for enforcement without a judgment. In enforcement based on an enforceable judgment, enforcement proceedings begin directly with an enforcement order, and the debtor is generally given 10 days to pay the debt in the judgment or to comply with the judgment. In enforcement without a judgment, by contrast, a payment order is served and the debtor is given 7 days to object. In addition, enforcement based on an enforceable judgment may be used not only for money but also for other obligations (for example, the eviction of a house or the performance of an act), whereas enforcement without a judgment is only for money and security receivables. In summary: enforcement based on an enforceable judgment requires a judgment, while enforcement without a judgment can be initiated directly for any receivable; the procedure and time limits therefore differ.

In salary attachment applied to wages, the law takes the debtor's livelihood into account. At most one quarter (¼, 25 per cent) of the salary may be attached. In other words, three quarters of your salary must remain with you. A higher deduction is possible only if the debtor gives consent (muvafakat). Even where there are several attachment files, the total deduction rate generally does not exceed %25. Retirement pensions, as a rule, cannot be attached; attachment may be applied only in certain special cases, such as maintenance debts, or at the pensioner's own request. In summary, in salary attachment the law leaves the debtor a significant part of their salary so that they can make a living, and at most one quarter of it may be deducted.

In general, no; retirement pensions cannot be attached for ordinary debts. Retirement pensions received from social security institutions are protected by law. Under the Enforcement and Bankruptcy Law, attachment may be placed on a retirement pension only with the pensioner's own consent (if they agree to the attachment of their pension), or it may be applied in cases that the law lists as exceptions, such as maintenance debts. For example, if a retired person does not pay spousal or child maintenance, attachment may be placed on the retirement pension for the maintenance receivable. Apart from this, the creditor cannot touch the retirement pension for receivables such as a loan debt or a promissory note debt. If attachment of a retirement pension is sought, the enforcement office cannot carry out the attachment unless the retired debtor agrees to it.

For an unpaid note (a promissory note), the creditor may initiate enforcement proceedings specific to negotiable instruments (kambiyo senetlerine özgü icra takibi). In this special type of enforcement proceedings without a judgment, the creditor submits the original of the note to the enforcement office and makes a request for enforcement. The enforcement office sends the debtor a payment order and generally gives 10 days to pay the debt under the note. If the debtor does not pay or object to the note within this period, the proceedings become final; attachment may then be placed on the debtor's assets. In proceedings based on a note, the debtor may object within 5 days, and only on limited grounds of objection (such as an objection to the signature or the expiry of the limitation period). A note may also be put into enforcement without a lawyer; on the form at the enforcement office, "kambiyo takibi" (proceedings on a negotiable instrument) is selected and the details of the note are filled in. However, since enforcement proceedings are subject to very strict formal requirements, you are advised to obtain support from a lawyer so that you do not suffer a possible loss of rights. 

Attachment is the procedure by which, where the debtor does not pay their debt, the enforcement office seizes the debtor's assets, rights and income at the creditor's request. Through attachment, certain assets of the debtor or part of their salary are placed under legal safeguard, and the debt is collected either by selling them or by paying directly to the creditor. For example, for a debt for which the payment order has become final, attachment may be placed on the debtor's household goods, bank accounts, vehicle or salary. The attachment procedure is carried out by the enforcement officer, and the attached assets are generally handed over to a custodian (yediemin). For the sale of the attached asset, the enforcement office organises a public auction, and the creditor receives the receivable from the sale proceeds. In short, attachment is the procedure of seizing assets for the compulsory collection of the debt.

The law excludes from attachment certain assets and rights necessary for the debtor and their family to maintain their basic living. Under Article 82 of the Enforcement and Bankruptcy Law, necessary items for the debtor and the family members living in the same household cannot be attached. For example, one of each of the basic household items in the debtor's home, such as the refrigerator, washing machine, bed and kitchen utensils, is protected (if there is more than one, one of them may be attached). Likewise, tools and equipment necessary for the debtor to continue their work (for example, professional tools such as a tradesperson's workbench or a farmer's tractor) cannot be attached because they affect the debtor's livelihood. Only part of the debtor's salary or wages may be attached, and the remaining part (at least %75) is left to the debtor. Retirement pensions, war disability and veterans' pensions and allowances in the nature of social assistance are also among the rights that cannot be attached. In addition, exceptions such as the debtor's essential food and fuel and, if the debtor is a farmer, a certain number of animals and their fodder for three months are listed one by one in the law. These rules have been introduced so that the debtor can lead a life befitting human dignity.

No, failure to pay ordinary debts does not directly lead to a prison sentence. In Türkiye there is a prohibition on imprisonment for debt (Constitution, Article 38). For example, you cannot be imprisoned for failing to pay debts such as credit card debt, bank loans or promissory note debts. If the debtor does not pay their debt, the creditor can pursue collection only through enforcement proceedings and attachment; in this process the debtor's assets may be seized, but the debtor cannot be deprived of their liberty. However, there are certain exceptional situations: in cases such as failing to pay a maintenance debt or breaching an undertaking (taahhüdü ihlal) given in respect of paying instalments set by the court, enforcement law provides for coercive imprisonment (tazyik hapsi, disciplinary imprisonment of up to three months). Apart from these, a situation of the kind "they went to prison because they could not pay their debt" does not arise. If anyone threatens you with imprisonment on account of a debt, you should know that this has no legal basis.

The debtor may stop enforcement proceedings by objecting, within the statutory time limit, to the debt in the payment order served on them. In enforcement proceedings without a judgment, the debtor must object to the relevant enforcement office by petition within 7 days of service of the payment order. In the petition of objection, the objection may be made to all or part of the debt; it may be made by stating grounds such as that the debt does not exist at all, that it has been partly paid or that the limitation period has expired. The debtor is not obliged to give reasons in the objection, but if they state a ground, they cannot change it later. An objection made within the time limit automatically stops the proceedings. After an objection to enforcement proceedings, the creditor may try to overcome the objection by an action for annulment of the objection (itirazın iptali davası, the creditor's court action to have the debtor's objection set aside) or by way of removal of the objection (itirazın kaldırılması). If the debtor's objection is found to be justified, the proceedings fall away entirely. The important point is not to miss the time limit for objection written on the enforcement order or payment order served on you; if the time limit passes, the right to object is lost and the proceedings become final.

Every receivable and every set of enforcement proceedings has a limitation period. Receivables that are the subject of enforcement proceedings without a judgment are generally subject to general limitation periods that vary according to the type of debt (for example, 10 years for ordinary debts, and 3 years or 5 years for negotiable instruments). Once enforcement proceedings have been initiated, steps must be taken in the file to prevent the proceedings from becoming time-barred. If 10 years pass from the last step taken in the enforcement file, the file does not lapse, but it may be asserted that the receivable has become time-barred. For receivables based on a court judgment, the limitation period for an enforceable judgment is 10 years. If the receivable has become time-barred, the debtor may assert this in the enforcement proceedings by way of objection or complaint. For example, if a court judgment is not put into enforcement within 10 years after it has become final, the receivable becomes time-barred. In addition, in proceedings that have become final, if the creditor takes no step for 10 years, the debtor may have the attachments lifted by raising a limitation objection. In short, the limitation period in enforcement proceedings varies according to the nature of the receivable; creditors must take their steps within the statutory periods so as not to suffer a loss of rights.

If the debt is not paid and the enforcement proceedings become final, at the creditor's instance officers may come to the debtor's residence to carry out attachment. In practice, upon the creditor's request, enforcement officers may go to the debtor's home for attachment, accompanied by the police. However, in attachments at home, the law protects household goods appropriate to the debtor's circumstances (haline münasip) (one of each of the essential items in a home is not attached). The officers who come to carry out attachment may identify and attach valuable items in the debtor's home, surplus items that may be regarded as luxuries, electronic devices and so on. Basic necessities such as a single television, refrigerator or washing machine are generally not attached. Apart from these, movable assets in the home that are owned by the debtor may be attached. "Attachment at home" means that the enforcement officer takes the attachable items by recording them in a report and leaves them with a custodian. If the debtor does not pay, the attached items are put up for sale and the debt is paid from the proceeds. To avoid attachment at home, the debtor should, where possible, object to the debt within the statutory time limit or reach agreement with the creditor on a payment plan.

Because of your debt, electronic attachment (e-haciz) may be applied to your bank accounts. If attachment has been placed on your account, first find out from which enforcement file the attachment was placed. If there is a block on the account, this means that the money in that account is being claimed by the enforcement office. What you need to do is pay the debt or seek an agreement. When you pay the debt, the enforcement office will send a letter to the bank for the attachment to be lifted. If the money in the account is your salary, then, as with salary attachment, attachment may be placed on only %25 of it; the remaining part must belong to you. If the money in your account is a retirement pension, it should not be subject to attachment | in that case you may immediately apply to the enforcement office and request that the attachment be lifted. In some cases, if the money in the attached account is not sufficient to cover the debt, the account remains blocked and money arriving in the account in future may also be attached. If the debtor talks to the creditor and reaches agreement on restructuring or payment in instalments, the account attachment may be lifted at the creditor's request. If you consider that an unlawful or excessive attachment has been applied, you may also challenge it by way of a complaint to the Enforcement Court (icra mahkemesi).

The duration of enforcement proceedings varies depending on the status of the debt and the attitude of the parties. In enforcement without a judgment, if no objection is received within 7 days of service of the payment order, the proceedings become final; attachment procedures may begin within a few weeks. If the debtor objects, the creditor has to bring an action for removal or annulment of the objection, which may take several months. In enforcement based on an enforceable judgment, an enforcement order is served on the debtor, who is generally expected to pay within 10 days; if the debtor does not, the proceedings become final and the attachment stage begins. After attachment, there is the process of converting the assets into money (sale): while movable assets can be sold quickly (within a few months), the sale of immovable property and its conversion into money may exceed 6 months. If the parties reach an agreement or the debt is paid, the file is closed within a short time. However, if the debtor hides assets, cannot be found at their address, or objection and court proceedings are pursued, the proceedings may drag on for years. There is therefore no fixed duration; in the most favourable case the proceedings may be concluded within one or two months, but in the event of a dispute they may take a long time.

When initiating enforcement proceedings, the creditor must cover certain costs. When submitting the request for enforcement to the enforcement office, fees and advances are paid. First, an enforcement fee is charged at a certain rate of the receivable (it varies according to the type of proceedings; generally, for example, an advance fee of 5,69 per thousand). In addition, there are items such as service of process costs, the application fee and the power of attorney fee (in proceedings conducted through a lawyer). For example, initiating enforcement proceedings for a receivable of 10.000 TL may require costs of a few hundred lira (including fees and postal costs). However, these costs are charged to the debtor; in other words, the creditor pays them at the outset, but at the end of the proceedings they are added to the debtor's debt in the enforcement file. If attachment is to be carried out, costs such as vehicle costs for the attachment and the custodian's storage fee are also requested as an advance. In short, a creditor who refers a matter to enforcement incurs some costs, but these amounts can be collected from the debtor together with interest. Enforcement proceedings cannot be initiated without paying the costs. For this reason, creditors should consider the amount to be collected and the enforcement costs together.

Yes, the creditor may initiate and conduct enforcement proceedings personally without engaging a lawyer. Legally, there is no requirement to be represented by a lawyer in order to initiate enforcement proceedings. In practice, enforcement proceedings may be initiated by going to the enforcement office in person or through the UYAP system via the e-Government Gateway (e-Devlet, the online portal for public services). You can carry out the procedure by filling in the forms at the enforcement office and paying the necessary fees. However, as it requires legal knowledge and follow-up, it is advisable to obtain the assistance of a lawyer, especially in files involving large amounts or complex matters. If you conduct the proceedings without a lawyer and the debtor objects, you will also have to pursue the subsequent court case yourself. In addition, in proceedings conducted through a lawyer, lawyer's fees may also be collected from the debtor (this amount may also have a deterrent effect). Nevertheless, many people are able to conduct enforcement proceedings without a lawyer for small and clear-cut receivables. In conclusion, although it is possible, you are strongly advised to consult a lawyer in order to avoid procedural errors and losses of rights.

Paying a debt that has become subject to enforcement proceedings in instalments is possible only with the creditor's consent. The enforcement office does not divide the debt into instalments of its own accord; instalments may be arranged if the debtor and the creditor reach agreement. For example, you may talk to the creditor and make a written agreement (payment protocol) to settle the debt in specified monthly payments. In that case, the creditor stops the enforcement procedures, and the debt decreases as you pay the instalments. Instalments may also be arranged officially by giving an undertaking (taahhüt) in the enforcement file; the debtor undertakes at the enforcement office to pay the debt in specified instalments on specified dates. However, it should not be forgotten that if this undertaking is not complied with, there is a risk of imprisonment for the offence of breach of undertaking. For this reason, give an undertaking according to a payment plan you can keep to. If the creditor is not willing to agree to instalments, you may still make partial payments at intervals of your choosing; this reduces the interest on the debt, but the creditor continues to have the power to attach until the entire debt has been paid off. In conclusion, payment in instalments is possible, but reaching agreement with the creditor is the safest way to achieve it.