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Failure to collect receivables, both in commercial life and in personal relationships, causes losses that are difficult to remedy. YBS Hukuk Bürosu, which serves those looking for an Adana enforcement lawyer, initiates enforcement proceedings based on an enforceable judgment (ilamlı icra takibi, where the claim rests on a court judgment, ilam) and enforcement proceedings without a judgment (ilamsız takip, used where there is no court judgment) in compliance with the strict procedural rules of the Enforcement and Bankruptcy Law No. 2004, and manages attachment and safekeeping (muhafaza) processes strategically. In unjustified proceedings, acting in its capacity as the debtor's lawyer, it objects to the payment order within the time limit and thereby prevents hardships such as salary attachment. In an action for annulment of the objection (itirazın iptali davası, the creditor's action to have the debtor's objection set aside) and an action for negative declaration (menfi tespit davası, an action to establish that a debt is not owed), it prevents loss of rights through technical legal knowledge.
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Adana Enforcement Lawyer | Av. Y. Buğrahan SEVDİ & YBS Hukuk
The failure to collect receivables on time is one of the most serious problems undermining the financial balance of both individuals and commercial businesses. An unpaid cheque, an overdue promissory note or accumulated rent arrears may cause serious economic losses and legal uncertainty for the creditor. The enforcement proceedings resorted to at this point are a technical field regulated in the Enforcement and Bankruptcy Law and subject to extremely strict procedural rules and peremptory periods. Since even the smallest wrong step in this process may delay the collection of the receivable for months or even make it impossible, the support you receive from an Adana enforcement lawyer is of vital importance.
An Adana enforcement lawyer who is competent in the field is the most important safeguard protecting the creditor's rights at every stage, from opening the enforcement proceedings in the correct form to conducting attachment procedures strategically and resolving objection processes on a legal footing. As YBS Hukuk Bürosu, we provide our services with an approach grounded in all the dynamics of enforcement law, with the aim that our clients obtain their rights as promptly as possible; through our Adana Creditor's Lawyer and Adana Debtor's Lawyer services, we make every effort to prevent possible loss of rights.
YBS Hukuk's Commentary on Enforcement Processes
In enforcement law, the word "timing" is often the most critical factor determining whether a receivable can be collected at all. Years of experience have shown us that every day spent waiting in good faith towards the debtor is an opportunity given to the debtor to conceal assets. Many creditors postpone the legal process so as "not to spoil the relationship", but in the meantime the debtor sells the immovable property registered in their name, withdraws the money in the bank or transfers their vehicle to a relative. By the time the legal process begins, no assets are left to attach. For this reason, an enforcement lawyer in the Adana region first tells the client: if the receivable has not been paid on its due date, there is not a single day to lose. Preventing the debtor from concealing assets through preventive measures such as precautionary attachment (ihtiyati haciz, a court-ordered attachment securing the claim before the debt is collected) and launching the proceedings without delay is the only way to turn your receivable from a figure on paper into reality.
Types of Enforcement Proceedings and the Strategic Role of the Lawyer
Enforcement proceedings are divided into different types according to the document on which the receivable is based, and each has its own legal procedure. As YBS Hukuk Bürosu, the types of proceedings we conduct most frequently are as follows:
Enforcement Proceedings Without a Judgment: The most common route, initiated for money claims and claims for security (invoice, contract, unpaid rent, etc.) that are not based on any court judgment.
Attachment Proceedings Specific to Negotiable Instruments (kambiyo senetlerine özgü haciz yolu): A special and faster type of proceedings used to collect receivables based on negotiable instruments such as cheques, promissory notes (bono or senet) and bills of exchange.
Enforcement Proceedings Based on a Judgment: The route initiated on the basis of a court judgment (enforceable judgment, ilam) or of documents deemed by law to have the nature of a judgment (a notarial deed, an enforcement surety undertaking, icra kefaleti, etc.).
Eviction from Leased Immovable Property: Enforcement processes conducted to remove the tenant from the immovable property on the basis of unpaid rent or an undertaking to vacate (tahliye taahhüdü).
In these processes, the role of an Adana enforcement lawyer begins with choosing the correct enforcement route. For example, if a creditor holding a promissory note chooses the route specific to negotiable instruments, which produces results faster, instead of the general attachment route (genel haciz yolu), the process is shortened considerably. The lawyer swiftly identifies the debtor's assets (movables, immovables, bank accounts, rights and receivables held by third parties), carries out the attachment procedures and secures the collection of the receivable.
Enforcement and Bankruptcy Law, Article 68 (Removal of the Objection, İtirazın Kaldırılması):"Talebine itiraz edilen alacaklının takibi, imzası ikrar veya noterlikçe tasdik edilen borç ikrarını içeren bir senede yahut resmi dairelerin veya yetkili makamların yetkileri dahilinde ve usulüne göre verdikleri bir makbuz veya belgeye müstenit ise, alacaklı itirazın kendisine tebliği tarihinden itibaren altı ay içinde itirazın kaldırılmasını isteyebilir." "If the proceedings of the creditor whose claim has been objected to are based on an instrument containing an acknowledgement of debt whose signature has been acknowledged or certified by a notary, or on a receipt or document issued by official departments or competent authorities within their powers and in accordance with procedure, the creditor may request the removal of the objection within six months from the date on which the objection is served on them." (unofficial translation)
YBS Hukuk Warns: Do Not Remain Inactive in the Face of the Debtor's Objection!
In enforcement proceedings without a judgment, once the payment order has been served on the debtor, the debtor has the right to object to the enforcement office within 7 days. Even if the objection is unjustified, the debtor can halt the proceedings automatically simply by stating "I owe no debt". This is the situation creditors encounter most often and one that blocks the process. The biggest mistake made at this point is to wait for months after the proceedings stop, not knowing what to do. When the proceedings stop, an Action for Annulment of the Objection must be filed within 1 year after the objection is served on the creditor or, if the conditions are met, an Action for Removal of the Objection within 6 months. These periods are peremptory, and if they are missed, enforcement proceedings without a judgment can no longer be brought for the same receivable. For this reason, taking legal action without losing time as soon as the debtor's objection is served is the most critical step to be taken in order to obtain the receivable.
Annulment of the Objection, Attachment and Debtor Rights
Enforcement law is built on a balance that protects the rights of the creditor while also safeguarding the legal rights of the debtor.
Actions for Annulment and Removal of the Objection: These actions, brought to secure the continuation of proceedings halted by the debtor's unjustified objection, are among the most technical and important stages of enforcement law. Proving the existence of the receivable before the court and obtaining a decision that the proceedings continue are bound up with the success of these actions.
Attachment Procedures: Once the proceedings have become final, attachment may be placed on part of the debtor's salary, on bank accounts, and on the house and car. However, the law protects "unattachable assets" (haczedilemez mallar) that are essential for the livelihood of the debtor and their family (for example, necessary household goods).
Debtor Rights: Debtors have legal rights such as objecting to the proceedings within the time limit, offering to pay the debt in instalments (undertaking, taahhüt), objecting to the valuation (kıymet takdiri) of attached assets, and proving that they are not indebted by bringing an action for negative declaration.
As YBS Hukuk Bürosu, while conducting enforcement processes we protect the creditor's interests to the fullest extent, and we also maintain process management that respects debtor rights and fully complies with the law.
Table: Stages of Enforcement Proceedings by Way of General Attachment
The eight stages of enforcement proceedings without a judgment by way of general attachment, with the legal basis and critical time limits
Stage
Explanation and Legal Basis
Creditor's Action
Debtor's Possible Response and Rights
Critical Time Limits
Strategic Notes
1. Request for Enforcement
The creditor submits a formal request for enforcement to the competent enforcement office. (Enforcement and Bankruptcy Law, İİK, Art. 58)
Prepares the request, submits it to the enforcement office and pays the necessary fees.
At this stage the debtor is unaware of the proceedings.
The limitation period varies according to the nature of the receivable.
The accuracy of the information in the request is of vital importance. Errors may invalidate the entire proceedings. The limitation period is interrupted by the request for enforcement.
2. Payment Order
The enforcement office issues a payment order and serves it on the debtor. (İİK Arts. 60, 61)
Waits for the payment order to be served on the debtor.
Receives service of the payment order. The statutory period for payment or objection begins.
The enforcement office sends it within 3 days; the time taken for service of process may vary.
The payment order informs the debtor of the debt and of the legal consequences. Service of process in accordance with procedure is a condition for the validity of the proceedings.
3. Objection or Payment
This is the debtor's statutory period to respond.
Awaits the debtor's response.
A: Pays the debt. B: Objects to the debt. C: Does nothing.
7 days from service of the payment order.
A: The proceedings end. B: The proceedings stop automatically and the burden of proof passes to the creditor. C: The proceedings become final.
4. Proceedings Becoming Final and Binding
The debt becoming legally established within the scope of the enforcement file, and the ability to begin compulsory enforcement measures.
None (automatic if there is no objection), or active legal action to overcome the objection.
Loses the right to object through the standard procedure.
If there is no objection, it occurs automatically on the 8th day.
Finality is the gateway to the attachment stage of enforcement. The creditor may now request attachment.
5. Overcoming the Objection
Following the debtor's objection, the creditor must bring an action in order to continue the proceedings.
Route A: Removal of the Objection (Enforcement Court, İcra Mahkemesi). Route B: Annulment of the Objection (courts of general jurisdiction).
Defends the action brought by the creditor.
A: 6 months (from service of the objection). B: 1 year (from service of the objection).
The most critical strategic choice. Route A is faster but requires reliance on the documents listed in İİK Art. 68. Route B is a full-scale action.
6. Attachment
The creditor requests that the debtor's assets be seized. (İİK Arts. 78, 79)
Submits a formal request for attachment.
May use the complaint procedure (şikayet) where assets that cannot be attached have been attached.
1 year from the proceedings becoming final and binding.
This right is of a "use it or lose it" nature.
7. Sale
Sale of the attached assets in order to convert them into money. (İİK Art. 106)
Submits a formal request for sale and pays the costs.
The debtor may also request the sale.
For movables, 1 year from attachment.
Failure to request a sale within this period causes the attachment on the asset concerned to be lifted.
8. Distribution of the Proceeds
The proceeds of the sale are distributed to the creditor or creditors.
Receives the payment from the enforcement office.
None.
Variable.
If the proceeds do not cover the debt, the creditor is issued a "Certificate of Insolvency" (Aciz Belgesi). This certificate has the nature of an enforceable judgment (ilam) and provides significant legal advantages.
Current Case Law in Enforcement Law
1. Effect of an Objection to the Signature in Proceedings Specific to Negotiable Instruments
COURT OF CASSATION, 12th CIVIL CHAMBER | Settled Case Law In proceedings by way of attachment specific to negotiable instruments, if the debtor objects to the signature on the instrument, the proceedings are suspended until the signature examination is concluded, but the attachment procedures continue. If the signature examination establishes that the signature does not belong to the debtor, the proceedings are cancelled; if it is found to belong to the debtor, the objection is dismissed and the debtor is punished, on account of the objection made in bad faith, with a fine of not less than twenty per cent of the receivable subject to the proceedings.
This case law clearly shows the costly consequence of a strategy of "denying the signature" in proceedings based on negotiable instruments. As an Adana enforcement lawyer office, when acting as the creditor's counsel during the signature examination we closely follow the reports of the Council of Forensic Medicine (Adli Tıp Kurumu) and the reports of court-appointed experts in order to overcome the debtor's objection made in bad faith; when acting as the debtor's counsel, we carefully prepare original document samples and comparison materials so that the objection is kept on a justified footing. The fact that attachment procedures continue even during the signature examination also removes the risk of the debtor concealing assets.
2. The 1-Year Peremptory Period in an Action for Annulment of the Objection
COURT OF CASSATION, ASSEMBLY OF CIVIL CHAMBERS | Settled Case Law An action for annulment of the objection must be filed within one year from the service on the creditor of the objection made to enforcement proceedings without a judgment, and this period is peremptory in nature. If the one-year period is missed, enforcement proceedings without a judgment cannot be brought again for the same receivable; the creditor can only file a claim for the receivable before the courts of general jurisdiction, and in that case the legal gains obtained for the receivable subject to the proceedings, such as interim injunctions and the interruption of the limitation period, also cease to exist.
In our practice, the loss of rights most frequently experienced by our creditor clients is letting the time limit for filing the action pass after service of the objection, in the belief that "we are in the right anyway". As soon as the objection is served and the file is opened, our office starts preparing the statement of claim and draws up a one-month work schedule for the systematic collection of the necessary evidence (contract, invoice, bank receipt, electronic correspondence, witnesses). This discipline removes the stress of filing an urgent action left to the last week of the 1-year period and increases the likelihood of the action succeeding on the merits.
3. Legal Nature of the Certificate of Insolvency and the Limitation Period
COURT OF CASSATION, 12th CIVIL CHAMBER | Settled Case Law The definitive certificate of insolvency issued to the creditor under Article 143 of the Enforcement and Bankruptcy Law has the nature of an acknowledgement of debt for the creditor, and with this certificate the creditor may at any time start new proceedings within the twenty-year limitation period. In new proceedings based on the certificate of insolvency, the debtor may raise the defence of limitation against the receivable, but this defence is not heard unless twenty years have passed from the date on which the certificate of insolvency was issued.
Although our clients often regard the certificate of insolvency as "a worthless piece of paper", it is in fact a very strong legal tool for the creditor. As an Adana enforcement lawyer, our office always obtains a certificate of insolvency where the debtor's assets prove insufficient in the first proceedings; it then monitors any improvement in the debtor's assets (a new job, an inheritance, the acquisition of real estate, etc.) through regular registry searches and starts new proceedings at the appropriate time. In this way, the time frame for collecting the receivable is extended to 20 years without concern about the short 1 to 3-year limitation periods.
4. The Importance of the 30-Day Period Granted by Notice in Eviction for Default
COURT OF CASSATION, 8th CIVIL CHAMBER | Settled Case Law Under Article 315 of the Turkish Code of Obligations No. 6098, if the tenant fails to pay the rent, the landlord must notify the tenant in writing, granting a period of at least thirty days, that the contract will be terminated if payment is not made within that period. Eviction processes initiated without complying with this period and form requirement are dismissed on the merits; for ease of proof, the notice should be served through a notary or by registered post with acknowledgement of receipt.
In Adana and the Çukurova region, particularly in leases of commercial premises, it is a frequent occurrence that landlords, in a hurry to "get the tenant out as soon as possible because the rent has not been paid", file an eviction action without complying with the notice requirements. In order to place the process on a lawful footing from the very moment of default, our office applies a strategy for its landlord clients of having a notarial notice drawn up immediately and, at the end of the 30-day period, initiating both enforcement proceedings and an eviction action. This disciplined approach removes the risk of the action being dismissed on the merits and aims to secure our clients' rights as promptly as possible.
Sample Petition for an Action for Annulment of the Objection (Draft)
TO THE ADANA CIVIL COURT OF FIRST INSTANCE ON DUTYCLAIMANT : [Creditor's Name Surname] (Turkish Identity No: ...)
ADDRESS : [Full Address]
COUNSEL : Av. Yakup Buğrahan SEVDİ, [Address]
RESPONDENT : [Debtor's Name Surname] (Turkish Identity No: ...)
ADDRESS : [Full Address]
SUBJECT OF THE ACTION : A request for the annulment of the unjustified objection made to the enforcement proceedings without a judgment initiated in file no. ... of the Adana ... Enforcement Office, for the continuation of the proceedings, and for an award of compensation for denial of the debt in enforcement (icra inkar tazminatı) of not less than twenty per cent of the receivable.
VALUE IN DISPUTE : ... TL (the amount of the receivable subject to the proceedings)
STATEMENT OF FACTS :
1. THE ENFORCEMENT PROCESS: Pursuant to the contract/invoice/bank receipt dated ... and numbered ... between my client and the respondent (Annex 1), the respondent debtor owes the client ... TL. As the debt was not paid when due, enforcement proceedings without a judgment were initiated in file no. ... of the Adana ... Enforcement Office.
2. UNJUSTIFIED OBJECTION: The payment order was served on the respondent on .../.../....; within the time limit, the respondent objected to the proceedings without justification and without any basis. The respondent's objection was served on us on .../.../...., and this action has been filed within the peremptory 1-year period (İİK Art. 67).
3. EXISTENCE OF THE RECEIVABLE:
a) Under clause ... of the ... contract between the parties, the respondent is obliged to pay ... TL.
b) The invoice/bank receipt in Annex 2 and the bank records in Annex 3 clearly show that the client has performed its obligation.
c) In the email dated .../.../.... sent to the client, the respondent expressly acknowledged the debt (Annex 4).
4. COMPENSATION FOR DENIAL OF THE DEBT: It is clearly understood from the fact that the existence of the receivable can be conclusively proven by written documents that the objection made by the respondent to the proceedings is in bad faith and without basis. For this reason, compensation for denial of the debt of not less than twenty per cent of the receivable must be awarded under İİK Art. 67.
LEGAL EVIDENCE :
1. File no. ... of the Adana ... Enforcement Office (we request that it be obtained),
2. Copies of the contract/invoice/bank receipt,
3. Bank account movements,
4. Electronic correspondence and witness statements,
5. Examination by a court-appointed expert.
CONCLUSION AND RELIEF SOUGHT : For the reasons set out above;
1. The ANNULMENT of the unjustified objection made by the respondent in file no. ... of the Adana ... Enforcement Office and the CONTINUATION of the proceedings,
2. The collection from the respondent of compensation for denial of the debt of not less than twenty per cent of the receivable,
3. That the costs of proceedings and the attorney's fee be borne by the respondent; we respectfully submit and request a decision to this effect on behalf of our client. .../.../2026
Counsel for the Claimant
Av. Yakup Buğrahan SEVDİ
Professional Legal Support from an Adana Enforcement Lawyer
Enforcement and bankruptcy law is a highly technical field which secures the collection of receivables but in which, because of its strict procedural rules and short time limits, even the smallest error can lead to serious losses of rights. Obtaining professional legal support is indispensable in order not to leave your receivables to chance, to be protected against bad-faith attempts by the debtor such as concealing assets, and to bring the collection process to a conclusion on a lawful footing as quickly as possible.
As YBS Hukuk Bürosu, with the experience of a competent Adana enforcement lawyer, we provide a solution-oriented service with the aim that our clients obtain their rights as promptly as possible. We provide legal advice and legal representation in every area of enforcement law, from the collection of cheque and promissory note receivables to rent eviction actions, and from attachment procedures to actions for annulment of the objection. You may contact us to obtain detailed information about legal processes or to receive advice on the collection of your receivables. Remember that legal steps taken correctly and in good time are the key to reaching a fair outcome.
Useful Information from YBS: The Objection Period Is Only 7 Days!
In enforcement proceedings without a judgment by way of general attachment, the period for objecting to the payment order sent to the debtor is only 7 days from the date of service. If this period is missed, the debt is deemed to have been accepted and the proceedings become final. Not missing this short and critical period is of vital importance for both the creditor and the debtor. Although the debtor's right to bring an "action for negative declaration" is reserved even after the proceedings have become final, the "action for negative declaration" process is far more costly, far longer and far more complex than the process of "objecting to enforcement proceedings".
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In enforcement processes initiated for the swift collection of receivables without a court judgment, we provide professional legal support, particularly for cheque, promissory note and invoice receivables. As an Adana lawyer for enforcement proceedings without a judgment, we manage the entire process meticulously, from preparing the request for enforcement to the service of the payment order on the debtor and attachment procedures.
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In enforcement processes initiated for the swift collection of receivables without a court judgment, we provide professional legal support, particularly for cheque, promissory note and invoice receivables. As an Adana lawyer for enforcement proceedings without a judgment, we manage the entire process meticulously, from preparing the request for enforcement to the service of the payment order on the debtor and attachment procedures. Peremptory periods are of critical importance at each of the eight procedural stages of enforcement proceedings without a judgment (request for enforcement, payment order, objection, the proceedings becoming final, overcoming the objection, attachment, sale and distribution). If the debtor objects to the payment order within 7 days, the action for annulment of the objection must be filed within the 1-year period, and the 1-year period for attachment from the proceedings becoming final and the 1-year period for sale from attachment must be followed closely; this is essential for the full collection of the receivable. Through a request for precautionary attachment, the debtor's attempts to conceal assets are prevented, and all of the debtor's assets are identified through searches of the central trade registry system (MERSİS), the Insurance Information and Monitoring Centre (SBM), the National Judiciary Informatics System (UYAP) and bank registries.
In the collection of dishonoured cheques, overdue cheques and cheque amounts, attachment proceedings specific to negotiable instruments are the fastest and most effective method of collection. As an Adana cheque lawyer, we manage the entire process professionally, covering the initiation of proceedings within the statutory periods from the issue date of the cheque, the recording of non-payment by the bank and the protection of the rights of the cheque holder.
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In the collection of dishonoured cheques, overdue cheques and cheque amounts, attachment proceedings specific to negotiable instruments are the fastest and most effective method of collection. As an Adana cheque lawyer, we manage the entire process professionally, covering the initiation of proceedings within the statutory periods from the issue date of the cheque, the recording of non-payment by the bank and the protection of the rights of the cheque holder. Since the offence of issuing a dishonoured cheque under the Cheque Law No. 5941 is subject to a complaint, the civil and criminal processes are pursued together. Under the principle of joint and several liability, starting proceedings simultaneously against the drawer, the endorsers and the guarantors (avalists) of the cheque is our office's standard practice. By requesting precautionary attachment, measures are placed without delay on the debtor's bank accounts and immovable property, with the aim of securing the collection of the receivable. The debtor's financial situation is continuously monitored through cheque report registry searches, tracking of the list of persons banned from issuing cheques and Central Bank records, with the aim of collecting the receivable in full.
Monitoring time limits and procedural rules in the collection of receivables based on promissory notes, bills of exchange and other negotiable instruments is among our office's areas of practice. As an Adana promissory note lawyer, we provide professional advice and litigation services in the capacity of the creditor's counsel for the enforcement of overdue notes by way of attachment specific to negotiable instruments within the framework of the provisions of the Turkish Commercial Code.
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Monitoring time limits and procedural rules in the collection of receivables based on promissory notes, bills of exchange and other negotiable instruments is among our office's areas of practice. As an Adana promissory note lawyer, we provide professional advice and litigation services in the capacity of the creditor's counsel for the enforcement of overdue notes by way of attachment specific to negotiable instruments within the framework of the provisions of the Turkish Commercial Code. Applying a strategy of simultaneous proceedings under the principle of joint and several liability among the drawer, the endorsers and the guarantors (avalists) of the note, we aim for the full collection of the receivable. Whether the debtor's objection to the signature, allegation of forgery or defence of limitation is well founded is assessed carefully; all stages of protest, the right of recourse against prior parties (müracaat hakkı) and recourse processes are conducted by our office in a coordinated manner. Through a request for precautionary attachment, the debtor's attempts to conceal assets are prevented, and through searches in the Central Registry Record System (Merkezi Sicil Kayıt Sistemi), movables, immovables, bank accounts and receivables held by third parties are identified, with the aim of swift collection.
In the collection of invoices, contracts, service fees, unpaid rent and other contractual receivables, enforcement proceedings without a judgment are the most commonly used route. As an Adana debt collection lawyer, we manage the entire process professionally, from determining the most suitable type of proceedings according to the nature of the receivable to identifying the debtor's assets and carrying out attachment procedures.
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In the collection of invoices, contracts, service fees, unpaid rent and other contractual receivables, enforcement proceedings without a judgment are the most commonly used route. As an Adana debt collection lawyer, we manage the entire process professionally, from determining the most suitable type of proceedings according to the nature of the receivable to identifying the debtor's assets and carrying out attachment procedures. In addition to the recorded receivables of our individual and corporate clients, we develop solutions for the collection of receivables based on documentary integrity, such as current account statements, e-invoice records and bank transfer receipts. If the debtor objects to the payment order, the continuation of the proceedings is pursued through an action for annulment of the objection; a claim for compensation for denial of the debt is also raised, increasing the deterrent effect against objections made in bad faith. At the collection stage, reasonable payment plan negotiations are held with the debtor and the option of settlement without going to court is also considered; this method saves both time and costs. Throughout the process, our client's collection timetable and the transparency of the process are our priority.
Processes for removing a tenant from immovable property because of unpaid rent, an undertaking to vacate or a breach of the lease contract are conducted within the framework of the relevant provisions of the Turkish Code of Obligations and Article 315 of Law No. 6098. As an Adana rent eviction lawyer, we manage the entire process for our landlord clients in full, from the 30-day period granted by notice and the service of the notice to the filing of the eviction action.
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Processes for removing a tenant from immovable property because of unpaid rent, an undertaking to vacate or a breach of the lease contract are conducted within the framework of the relevant provisions of the Turkish Code of Obligations and Article 315 of Law No. 6098. As an Adana rent eviction lawyer, we manage the entire process for our landlord clients in full, from the 30-day period granted by notice and the service of the notice to the filing of the eviction action. The conditions of validity of an undertaking to vacate, the termination of the lease contract, eviction actions based on two justified notices and eviction actions arising from the tenant's changed circumstances are among our office's areas of work. The strategy of conducting enforcement proceedings and an eviction action in parallel is aimed at both collecting the accumulated rent arrears and having the property vacated promptly. In Adana and the Çukurova region, the litigation approach is determined with regard to local market conditions for residential, workplace and commercial leases, with the aim of bringing the hardship suffered by our clients to an end as promptly as possible.
Adana Lawyer for Actions for Annulment of the Objection
Where the proceedings stop as a result of an unjustified objection by the debtor to enforcement proceedings without a judgment, the action for annulment of the objection filed by the creditor in order to continue the proceedings is the most technical and important stage of enforcement law. As an Adana lawyer for actions for annulment of the objection, we provide professional legal support for preparing the file with all the necessary evidence within the 1-year peremptory period from service of the objection, with a view to the action succeeding on the merits.
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Where the proceedings stop as a result of an unjustified objection by the debtor to enforcement proceedings without a judgment, the action for annulment of the objection filed by the creditor in order to continue the proceedings is the most technical and important stage of enforcement law. As an Adana lawyer for actions for annulment of the objection, we provide professional legal support for preparing the file with all the necessary evidence within the 1-year peremptory period from service of the objection, with a view to the action succeeding on the merits. Under İİK Art. 67, if the action is upheld, compensation for denial of the debt of not less than twenty per cent of the receivable is claimed, increasing the deterrent effect against the debtor's unjustified objection. The systematic collection of written means of proof such as contracts, invoices, bank receipts, electronic correspondence, witness statements and bank records is of critical importance for succeeding on the merits. Our office carefully builds the chain of evidence against the debtor's objection made in bad faith, working towards a prompt conclusion of the action and the continuation of the proceedings.
The process of collecting banks' receivables arising from loan agreements, credit card statements and bank letters of security (teminat mektubu) is a field requiring particular knowledge, whether acting for banks or for debtors. As an Adana bank receivables lawyer, we provide balanced and professional legal advice that protects the rights of both creditor banks and individuals who are bank debtors.
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The process of collecting banks' receivables arising from loan agreements, credit card statements and bank letters of security (teminat mektubu) is a field requiring particular knowledge, whether acting for banks or for debtors. As an Adana bank receivables lawyer, we provide balanced and professional legal advice that protects the rights of both creditor banks and individuals who are bank debtors. In consumer loans, the annulment of unilateral contract terms contrary to the provisions of the Law on the Protection of Consumers, the recovery of unjustified interest and charges collected, and restructuring negotiations are among the subjects our office works on. Against enforcement proceedings brought by a bank, an action for negative declaration, requests for interest reduction and settlement negotiations are conducted on behalf of the debtor; on behalf of the creditor bank, the realisation of security, the creation of mortgages, recourse to guarantors and attachment procedures are managed in a coordinated manner. The entire process is followed meticulously within the framework of the Turkish Code of Obligations, the Banking Law and the related legislation.
In concordat processes conducted so that companies or individuals in financial difficulty can avoid bankruptcy, we provide legal advice and representation for the restructuring of debts. As an Adana concordat lawyer, we act as counsel for both the creditor and the debtor side within the framework of the concordat legislation as reorganised by the legislative amendments of 2018.
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In concordat processes conducted so that companies or individuals in financial difficulty can avoid bankruptcy, we provide legal advice and representation for the restructuring of debts. As an Adana concordat lawyer, we act as counsel for both the creditor and the debtor side within the framework of the concordat legislation as reorganised by the legislative amendments of 2018. Strategic support is provided throughout the processes of obtaining a temporary moratorium (geçici mühlet), moving to a definitive moratorium (kesin mühlet), the appointment of a commissioner, the creditors' meeting and the approval of the concordat proposal. As the debtor's counsel, we handle the preparation of financial reports reflecting the client company's financial situation, work towards the creditors' acceptance of the proposed payment plans and assess the security provided. As the creditor's counsel, objections to the concordat proposal, the filing of documents for the acceptance of the receivable and the protection of security rights are followed meticulously. Since creditors' attachment procedures are suspended during the concordat process because the assets are frozen, differences in strategy have a direct effect on the outcome.
In processes for the eviction of a tenant because of rent arrears, an undertaking to vacate or the justified termination of the lease contract, we provide legal advice and litigation services with a view to obtaining a result as promptly as possible while protecting your legal rights. As an Adana tenant eviction lawyer, we provide professional support in resolving disputes between landlords and tenants on a legal footing.
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In processes for the eviction of a tenant because of rent arrears, an undertaking to vacate or the justified termination of the lease contract, we provide legal advice and litigation services with a view to obtaining a result as promptly as possible while protecting your legal rights. As an Adana tenant eviction lawyer, we provide professional support in resolving disputes between landlords and tenants on a legal footing. Eviction actions under Articles 350 to 356 of the Turkish Code of Obligations on the grounds of the landlord's need, the new owner's need, reconstruction and renovation, the expiry of a ten-year lease period and two justified notices are among our office's areas of work. The notarisation of the undertaking to vacate, the fulfilment of its conditions of validity and the filing of the action within the time limit are of critical importance for succeeding on the merits. In actions conducted before the Civil Court of Peace, our office carefully builds the chain of evidence, working towards bringing the disputed lease relationship to a legal conclusion as promptly as possible. When acting as the tenant's counsel, the defence against claims of justified eviction and counterclaim processes are managed.
Adana Lawyer for Enforcement Proceedings Without a Judgment
In enforcement processes initiated for the swift collection of receivables without a court judgment, we provide professional legal support, particularly for cheque, promissory note and invoice receivables. As an Adana lawyer for enforcement proceedings without a judgment, we manage the entire process meticulously, from preparing the request for enforcement to the service of the payment order on the debtor and attachment procedures.
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In enforcement processes initiated for the swift collection of receivables without a court judgment, we provide professional legal support, particularly for cheque, promissory note and invoice receivables. As an Adana lawyer for enforcement proceedings without a judgment, we manage the entire process meticulously, from preparing the request for enforcement to the service of the payment order on the debtor and attachment procedures. Peremptory periods are of critical importance at each of the eight procedural stages of enforcement proceedings without a judgment (request for enforcement, payment order, objection, the proceedings becoming final, overcoming the objection, attachment, sale and distribution). If the debtor objects to the payment order within 7 days, the action for annulment of the objection must be filed within the 1-year period, and the 1-year period for attachment from the proceedings becoming final and the 1-year period for sale from attachment must be followed closely; this is essential for the full collection of the receivable. Through a request for precautionary attachment, the debtor's attempts to conceal assets are prevented, and all of the debtor's assets are identified through searches of the central trade registry system (MERSİS), the Insurance Information and Monitoring Centre (SBM), the National Judiciary Informatics System (UYAP) and bank registries.
As Av. Y. Buğrahan SEVDİ & YBS Hukuk | Adana Enforcement Lawyer, we stand by our clients in the field of enforcement and bankruptcy law and provide a solution-oriented service within the framework of the rule of law and the principles of justice. Our office provides legal advice and legal representation across a wide range of matters, in particular advice to creditors and debtors and enforcement proceedings with and without a judgment. Taking into account the particular dynamics of each file, the most suitable legal strategies are determined in line with our clients' interests.
To obtain detailed information about legal processes or advice on a matter of enforcement and bankruptcy law, you may contact YBS Hukuk | Adana Law Office.
Enforcement and Bankruptcy Law | Comprehensive Information
We act as counsel for creditors and debtors in debt collection, enforcement proceedings, removal of the objection, annulment of the objection, actions for negative declaration and bankruptcy procedures. As an Adana enforcement lawyer, we manage enforcement and litigation processes on the basis of the provisions of the Enforcement and Bankruptcy Law No. 2004 (İİK).
Our Services in Enforcement and Bankruptcy Law
Enforcement proceedings without and with a judgment
Enforcement proceedings specific to negotiable instruments
Actions for annulment of the objection and for removal of the objection
Actions for negative declaration (stay of enforcement, icranın geri bırakılması)
Third-party ownership claims (istihkak davası)
Requests for precautionary attachment and interim injunctions
Management of bankruptcy and concordat processes
Actions to set aside dispositions (actio Pauliana, tasarrufun iptali davası)
Enforcement proceedings for rent receivables and eviction
Collection of cheque and promissory note receivables
Attachment procedures and declaration of assets (mal beyanı) processes
Enforcement-related criminal cases (icra ceza davaları: breach of an undertaking, failure to pay maintenance)
Adana Enforcement Lawyer | The Enforcement Proceedings Process
Enforcement proceedings without a judgment are initiated under the provisions of the Enforcement and Bankruptcy Law No. 2004 (İİK). By applying to the enforcement office, the creditor may initiate attachment of the debtor's movable and immovable property. Upon the payment order sent to the debtor, the debtor may object within 7 days. If an objection is made, the proceedings stop and the creditor must resort to an action for annulment of the objection (İİK Art. 67) or to the procedure for removal of the objection (İİK Art. 68). As an Adana enforcement lawyer, we work to collect our creditor clients' receivables as quickly and effectively as possible. An action for negative declaration is an important legal remedy available to a debtor who considers that they owe no debt or that the debt has ended. Under Article 72 of the Enforcement and Bankruptcy Law No. 2004, an action for negative declaration may be brought before or after enforcement proceedings. In an action for negative declaration brought after enforcement proceedings, it may be requested by way of an interim injunction that the money held at the enforcement office cash desk not be paid to the creditor (against security of %15 of the receivable). As an Adana enforcement lawyer, we also provide an effective defence for debtors against unjustified enforcement proceedings. As an Adana enforcement lawyer, we have broad experience in enforcement proceedings specific to negotiable instruments, particularly in the collection of cheque and promissory note receivables. We provide our clients with accurate guidance on technical matters such as cheque presentation periods, the validity of the chain of endorsements and the limitation period for promissory notes. In urgent situations where a precautionary attachment order needs to be obtained, we act swiftly to secure our creditor clients' rights. For those looking for an enforcement lawyer in Adana, we provide professional legal representation on both the creditor and the debtor side.
Residence Exemption Complaint (Meskeniyet Şikayeti) and Invalid Mortgage
In its decision dated 25.02.2025, E. 2025/237, K. 2025/1639, the 12th Civil Chamber of the Court of Cassation determined as follows the effect on a residence exemption complaint of a mortgage lifted by a court:
"Söz konusu ipotek, taşınmazın aile konutu olduğunun tespiti ve eşin rızası alınmaması nedeniyle ipoteğin geçersiz olduğu gerekçesi ile anılan mahkemece kaldırıldığından meskeniyet iddiası nedeniyle haczedilmezlik şikayetinde bulunmaya engel teşkil etmez. ... Borçlunun temyiz itirazlarının kabulü ile Erzurum Bölge Adliye Mahkemesi 5. Hukuk Dairesi'nin 04.11.2024 tarih ve 2024/1043 E. - 2024/459 K.sayılı kararının yukarıda yazılı nedenlerle, 5311 sayılı Kanun ile değişik İİK'nun 364/2. maddesi göndermesiyle uygulanması gereken 6100 sayılı HMK'nun 373/2. maddeleri uyarınca BOZULMASINA, ... 25.02.2025 gününde oy birliğiyle karar verildi."
Unofficial translation
"Since the mortgage in question was lifted by the said court on the ground that it was invalid because it was established that the immovable property was the family residence and the consent of the spouse had not been obtained, it does not constitute an obstacle to filing a complaint of unattachability on the basis of a claim of residence exemption. ... Upholding the debtor's appeal to the Court of Cassation, it was decided unanimously on 25.02.2025 that the decision of the Erzurum Regional Court of Appeal, 5th Civil Chamber, dated 04.11.2024 and numbered 2024/1043 E., 2024/459 K., be REVERSED for the reasons stated above, under Article 373/2 of the Code of Civil Procedure No. 6100, to be applied by reference of Article 364/2 of the Enforcement and Bankruptcy Law as amended by Law No. 5311, ..."
Commentary by Av. Y.B. SEVDİ:Under İİK Art. 82/12, a house suitable to the debtor's circumstances cannot be attached. However, if the debtor has voluntarily established a mortgage over the house, they are deemed to have waived this right. This recent decision of the Court of Cassation confirms that, where the mortgage is lifted by a court (for example, because of the absence of a family residence annotation), the debtor's right to file a complaint of unattachability arises again.
Basic Information on Enforcement Law
Procedure
Time Limit / Information
Period for Objecting to the Payment Order
7 days (from service of process)
Time Limit for an Action for Annulment of the Objection
1 year (from service of the objection)
Compensation for Denial of the Debt in Enforcement
Not Less Than %20
Compensation for Bad Faith (Kötü Niyet Tazminatı, for the Debtor)
2026 Minimum Attorneyship Fee Tariff (AAUT): Action before the Enforcement Court
Minimum 12.000 TL (fixed fee)
Adana Enforcement Lawyer | Bankruptcy and Concordat Processes
As an Adana enforcement lawyer, we act on both the creditor and the debtor side in bankruptcy and concordat processes. We provide strategic advice to our clients in the processes of enforcement by way of bankruptcy, postponement of bankruptcy (iflasın ertelenmesi) and the granting of a concordat moratorium. The concordat process, regulated in Articles 285 to 309 of the Enforcement and Bankruptcy Law No. 2004 (İİK), is an important legal route used for the restructuring of debts and for reaching a settlement with creditors. As an Adana enforcement lawyer, we guide our clients on obtaining a concordat moratorium, the measures to be taken during the temporary moratorium and the preparation of the concordat proposal during the definitive moratorium. As an Adana enforcement lawyer, we also act in actions to set aside dispositions (actio Pauliana, tasarrufun iptali davası). Under İİK Arts. 277 to 284, the setting aside of dispositions made by the debtor with the aim of harming their creditors may be requested. This route is used effectively, in particular, to recover immovable and movable property that the debtor has transferred to relatives or third parties. Those looking for an enforcement lawyer in Adana can obtain professional legal support across a wide range of matters, from debt collection to the bankruptcy process. For the most frequently asked questions and answers on enforcement and bankruptcy law, visit our Adana Enforcement Law Frequently Asked Questions page.
Adana Enforcement Lawyer: Frequently Asked Questions
When should you consult an Adana enforcement lawyer?
When you have difficulty collecting your receivable, or when enforcement proceedings are started against you, you should consult an Adana enforcement lawyer without losing time. Enforcement processes are sensitive processes in which the statutory time limits are very short and rights can easily be lost. Early legal support helps ensure that the process is managed correctly and that your rights are protected.
Our client Hasan A. asked: How are enforcement proceedings initiated?
Enforcement proceedings are initiated by applying to the enforcement office at the creditor's request. Depending on the type of receivable, this application may be based on a judgment (founded on a court judgment, ilamlı) or without a judgment (without a court judgment, ilamsız). Following the application, a payment order is served on the debtor and the legal process begins. The support of a professional Adana lawyer is important for conducting the process in accordance with procedure.
What is an action for annulment of the objection and why is it important?
An action for annulment of the objection is an action brought by the creditor to secure the continuation of the proceedings where the debtor has objected to the payment order served on them and the proceedings have stopped. This action is of critical importance for proving the existence of the receivable and reviving the enforcement proceedings. Conducting the action meticulously plays a vital role in the collection of the receivable.
How are attachment procedures carried out in Adana?
Attachment procedures are initiated by the enforcement office, after the enforcement proceedings have become final, at the request of the creditor and of the Adana enforcement lawyer acting for them. Attachment may be placed on the debtor's movable and immovable property, bank accounts, salaries or other receivables. Attachment is a compulsory enforcement measure carried out to secure the collection of the debt. Compliance with the statutory procedures is of great importance in this process.
How are the fees of an Adana enforcement lawyer determined?
The fees of an Adana enforcement lawyer are determined according to the Minimum Attorneyship Fee Tariff published every year by the Union of Turkish Bar Associations. However, this tariff shows the minimum amount, and the fee may be freely agreed between the lawyer and the client according to factors such as the nature and complexity of the case and the work and time involved. The soundest way to obtain clear information on this matter is to speak directly with the law office.
Our client İsmet K. asked: What rights does the debtor have to object to enforcement proceedings?
The debtor has the right to object to the payment order served on them within seven days (the objection period may vary according to the type of proceedings). This objection causes the proceedings to stop. The debtor may object to all or part of the debt, and may also object to jurisdiction or to the signature. For the objection to be valid, its legal grounds must be sound and it must be made within the time limit. In some types of proceedings, however, the debtor has no opportunity to object and it may be necessary to bring an action directly.
How are enforcement proceedings conducted for the collection of rent receivables?
Enforcement proceedings for the collection of rent receivables are generally initiated by way of enforcement without a judgment. If the tenant fails to pay the rent, a payment order is sent by applying to the enforcement office. If no objection is made to the payment order, the proceedings become final; if an objection is made, an action for removal or annulment of the objection must be brought. At the same time, a request for eviction on the ground of rent arrears may also be asserted together with these proceedings.
Is the Adana Bar Association's free legal service available for enforcement cases?
Through its Legal Aid Office (Adli Yardım Bürosu, the office of the bar association that provides legal aid to persons who cannot afford a lawyer), the Adana Bar Association may provide free legal services to persons whose financial situation does not allow them to retain a lawyer. Enforcement cases may also be considered within this scope. However, in order to benefit from this service, certain conditions must be met and an application must be made to the Legal Aid Office with the necessary documents. For those looking for a free lawyer from the Adana Bar Association, this offers an important opportunity. Our Adana enforcement law office provides only private, fee-based services.
What is a concordat and how does it affect enforcement processes?
A concordat is a legal process in which a debtor who is unable to pay their debts, or faces the danger of being unable to pay them, because of a deterioration in their financial situation, undertakes to pay their debts according to a set plan by reaching agreement with the creditors. If the request for a concordat is accepted, the enforcement proceedings started against the debtor stop and no new proceedings can be initiated. This process enables the debtor to restore their financial structure, while enabling creditors to recover a certain proportion of their receivables. An Adana commercial lawyer and an Adana enforcement lawyer play an important role in this process.
As a criminal lawyer in Adana, we closely follow statement taking, police custody, pre-trial detention and objection procedures at the criminal investigation stage and the prosecution stage, and build the defence together with you at every step of the file.
As a divorce lawyer in Adana, we handle cases of divorce by mutual consent and contested divorce, custody, maintenance and division of property, and carefully protect your rights in family disputes.
As an inheritance lawyer in Adana, we conduct cases concerning the certificate of inheritance (veraset ilamı), abatement (tenkis, reduction of dispositions that exceed the disposable portion), simulated transaction by the decedent (muris muvazaası, a sham transfer made by the deceased to deprive heirs of their share), wills and action for partition, and seek to prevent loss of rights in the division of the estate.
As an employment lawyer in Adana, we handle mediation and litigation on behalf of employees and employers in disputes concerning severance pay (kıdem tazminatı, compensation based on length of service) and pay in lieu of notice (ihbar tazminatı, compensation for failure to observe the notice period), reinstatement, employee receivables and workplace bullying (mobbing).
As an insurance lawyer in Adana, we conduct applications to insurance companies, arbitration and litigation on your behalf in disputes concerning traffic accident compensation, comprehensive motor insurance (kasko), diminished value and permanent disability.
As an administrative law lawyer in Adana, we follow actions for annulment and full remedy actions (tam yargı davası, actions for compensation against the administration) against administrative acts, as well as expropriation, zoning and civil servant disciplinary disputes, from the application to the judgment.
As a real estate lawyer in Adana, we handle tenancy and eviction, cancellation of title deed and registration, action for partition and pre-emption cases, and carry out a legal review before the purchase of real property.
As a consumer lawyer in Adana, we conduct proceedings on your behalf before the consumer arbitration committee and the Consumer Court in disputes concerning defective goods and vehicles, the right of withdrawal, and banking and credit.
As a foreigners law lawyer in Adana, we follow administrative applications and court proceedings concerning residence and work permits, entry bans, deportation and citizenship applications.
