{"id":164,"date":"2022-08-17T09:00:00","date_gmt":"2022-08-17T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/icra-takibi-ve-turleri\/"},"modified":"2026-10-02T13:06:28","modified_gmt":"2026-10-02T10:06:28","slug":"enforcement-proceedings-types","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/icra-takibi-ve-turleri\/","title":{"rendered":"Enforcement Proceedings and Their Types"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Enforcement proceedings<\/strong>, conducted in different ways depending on the type of claim and the document held by the creditor, fall within enforcement and bankruptcy law. The branch of law governing the methods and form by which a creditor collects their claim, with the assistance of state power, from a debtor who does not pay the debt on time and voluntarily is called enforcement and bankruptcy law (law of compulsory enforcement). In this article we discuss the types of enforcement proceedings (individual enforcement): enforcement based on a judgment, and, in enforcement without a judgment, the routes of general attachment, attachment based on bills of exchange, eviction from leased immovable property without a court judgment and the realisation of pledges.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>In enforcement proceedings (individual enforcement), the creditor has as much of the debtor's assets as is sufficient to satisfy the receivable converted into money through the state's compulsory enforcement bodies; anyone can be a debtor in enforcement proceedings.<\/li>\n<li>Enforcement proceedings are either based on a judgment or not based on a judgment; enforcement without judgment comprises general attachment proceedings, attachment proceedings based on negotiable instruments, eviction from leased immovables without judgment, and realisation of pledges.<\/li>\n<li>Enforcement based on a judgment rests on a judgment or a document having the effect of a judgment; as a rule the decision need not be final, but finality is required for decisions concerning the law of persons and family law (except alimony) and rights in rem over immovables.<\/li>\n<li>In general attachment proceedings, an objection to the payment order within seven days stays the proceedings; the creditor may request removal of the objection within six months or annulment of the objection within one year.<\/li>\n<li>In attachment proceedings specific to negotiable instruments, objections to the signature and to the debt are made to the enforcement court within five days, and the objection does not automatically stay the proceedings.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared in accordance with the legislation and practice in force on its date of publication. The rules and practice concerning the application requirements before bringing an action in tenancy disputes, the payment and objection periods granted to the tenant and the conditions for precautionary attachment may have changed since then. You are advised to consult a lawyer for the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#cuzi-icra\">What are enforcement proceedings? Individual enforcement and precautionary attachment<\/a><\/li>\n<li><a href=\"#ilamli-icra\">Enforcement based on a judgment and its grounds<\/a><\/li>\n<li><a href=\"#ilamli-icra-sureci\">Jurisdiction, enforcement order and sub-categories in enforcement based on a judgment<\/a><\/li>\n<li><a href=\"#ilamli-alt-turler\">Judgments for payment, delivery, performance and surrender of a child<\/a><\/li>\n<li><a href=\"#ilamsiz-icra\">Enforcement without a judgment and the jurisdiction of enforcement offices<\/a><\/li>\n<li><a href=\"#genel-haciz\">Genel haciz yolu ile takip<\/a><\/li>\n<li><a href=\"#kambiyo-senetleri\">Attachment based on bills of exchange<\/a><\/li>\n<li><a href=\"#kira-tahliye\">Eviction from leased immovable property without a court judgment<\/a><\/li>\n<li><a href=\"#rehnin-paraya-cevrilmesi\">Proceedings for the realisation of a pledge<\/a><\/li>\n<li><a href=\"#kaynakca\">Bibliography<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"cuzi-icra\">\n<h2>What Are Enforcement Proceedings? Individual Enforcement and Precautionary Attachment<\/h2>\n<p>Foremost among the characteristic features of enforcement and bankruptcy law is the creditor\u2019s ability to compel the debtor to perform by means of public power (coercion). Although enforcement and bankruptcy law allows the use of force, the authority to use force belongs solely to the state. The parties have no authority to use force against each other, nor do third parties against the parties.<\/p>\n<p>Enforcement and bankruptcy law rests on two fundamental pillars: individual enforcement (enforcement law) and universal enforcement (bankruptcy law). Alongside these, there are also discrete matters falling within this field, such as composition with creditors and the restructuring of the debts of capital companies and cooperatives.<\/p>\n<p>In enforcement law, one or more creditors who cannot collect their debt commence proceedings against the debtor and seek, through the organs of compulsory enforcement, to have so much of the debtor\u2019s assets as will satisfy their claims converted into money in order to obtain payment. In enforcement law (individual enforcement), therefore, the debtor faces one or more creditors who have recourse not to the whole of the debtor\u2019s assets but only to so much as will satisfy their claims; and that recourse takes place, on the creditor\u2019s application, through the state\u2019s organs of compulsory enforcement. The legislature has imposed no restriction as to who may be the debtor in individual enforcement proceedings: anyone who fails to pay a debt when due \u2014 trader, artisan, civil servant, employee, student, homemaker, minor or person under restriction \u2014 may be the debtor in enforcement proceedings.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Precautionary attachment<\/p>\n<p>In this field there is also, in connection with individual enforcement, the institution of precautionary attachment. Its purpose, as a rule, is to secure a monetary claim that is not secured by a pledge and remains unpaid although due. Unlike other forms of proceedings, the precautionary attachment procedure is commenced not before the enforcement office but before the competent court. The debtor\u2019s assets are seized provisionally by court order. So long as that provisional seizure (attachment) has not become final, the creditor cannot request that the assets be converted into money.<\/p>\n<\/div>\n<p>Individual enforcement and universal enforcement are examined under a number of sub-divisions according to the manner in which the legal relationship between creditor and debtor, and the parties\u2019 resulting rights and obligations, are established. This section deals only with the sub-divisions of enforcement proceedings (individual enforcement).<\/p>\n<\/section>\n<section id=\"ilamli-icra\">\n<h2>Enforcement Based on a Judgment: Grounds and the Requirement of Finality<\/h2>\n<p>Having regard to the principles of the right to be heard and of legal certainty guaranteed by the Constitution, the form of proceedings that ought to be the norm is enforcement based on a judgment. Because of the volume of litigation in Turkey, however, enforcement without judgment has also been permitted for certain claims. Although it ought to be exceptional, enforcement without judgment now exceeds enforcement based on a judgment in numerical terms. Enforcement based on a judgment is the form of individual proceedings used by a creditor whose claim has been embodied in a judgment or in a document having the effect of a judgment. Leaving aside claims embodied in documents having the effect of a judgment, a creditor wishing to bring enforcement proceedings based on a judgment must first apply to the court, bring an action and obtain a judgment in their favour. Where the debt is not performed notwithstanding that judgment, the creditor makes the judgment the subject of enforcement proceedings.<\/p>\n<p>Any claim capable of performance may form the subject of enforcement based on a judgment. The claim may be a monetary claim, or may concern the handing over of a child, the delivery of movable property, the delivery of immovable property, the performance of an obligation to do something, or compliance with an obligation to tolerate. For claims of this kind, a creditor holding a judgment or a document having the effect of a judgment may bring only enforcement proceedings based on a judgment; they may not bring proceedings without judgment even where the claim is monetary. The Court of Cassation has held that bringing proceedings without judgment in respect of a monetary claim embodied in a judgment constitutes an abuse of right.<\/p>\n<p>The grounds for enforcement based on a judgment are judgments and documents having the effect of a judgment.<\/p>\n<p class=\"pm-tanim\">On certified copies of court decisions issued to the parties <strong>ilam<\/strong> denir (HMK md. 301\/2).<\/p>\n<p>The concept of a judgment includes not only decisions rendered by civil courts but also decisions rendered by administrative courts in full remedy actions, judgments of the Court of Accounts, the part of criminal court decisions concerning compensation and litigation costs, decisions of the Court of Jurisdictional Disputes in cases of conflicting judgments, arbitral awards, and duly enforced foreign court judgments and arbitral awards.<\/p>\n<h3>Decisions that must become final<\/h3>\n<p>For the judgments referred to to be carried out under the provisions on enforcement based on a judgment, they must contain an order for performance (to give, to do or to refrain from doing). Judgments containing a purely declaratory ruling, and constitutive decisions, cannot form the subject of such enforcement. Court decisions need not have become final in order to form the subject of enforcement based on a judgment, and the fact that an appeal has been lodged does not in itself prevent enforcement. What is required is that a final decision has been given by the court of first instance. Certain court decisions must, however, have become final before they can be enforced. These may be listed as follows:<\/p>\n<ul class=\"pm-liste\">\n<li>court decisions concerning the law of persons,<\/li>\n<li>court decisions concerning family law (other than decisions concerning maintenance; indeed the enforcement of maintenance orders cannot even be stayed against security),<\/li>\n<li>decisions concerning immovable property and rights in rem over it (decisions concerning personal rights over immovable property need not, however, have become final in order to be enforced),<\/li>\n<li>decisions concerning the enforcement of foreign court decisions,<\/li>\n<li>decisions concerning ships and rights in rem relating to them,<\/li>\n<li>according to the Court of Cassation, a decision determining the difference in rent following an action by the landlord for the determination of the rent must have become final before it can form the subject of enforcement based on a judgment.<\/li>\n<\/ul>\n<h3>Documents having the effect of a judgment<\/h3>\n<p><em>\u00a0\u00a0Documents having the effect of a judgment;<\/em> documents having the effect of a judgment are also among the foundations of enforcement based on a judgment. Although not in substance court decisions, such documents enjoy the same privileges as court decisions in terms of enforceability. Some are provided for in the Enforcement and Bankruptcy Law (art. 38) and others in special laws. The most important of them may be listed as follows:<\/p>\n<ul class=\"pm-liste\">\n<li>admissions made before a court,<\/li>\n<li>settlements made before a court,<\/li>\n<li>documents drawn up by notaries containing an unconditional admission of a monetary debt,<\/li>\n<li>enforcement guarantees,<\/li>\n<li>appeal guarantees,<\/li>\n<li>decisions of consumer arbitration committees not exceeding a certain amount,<\/li>\n<li>credit promissory notes of agricultural credit cooperatives,<\/li>\n<li>settlement records drawn up under Article 35\/A of the Attorneyship Law,<\/li>\n<li>settlement records drawn up by mediators.<\/li>\n<\/ul>\n<\/section>\n<section id=\"ilamli-icra-sureci\">\n<h2>Jurisdiction, Enforcement Order and Sub-categories in Enforcement Based on a Judgment<\/h2>\n<p>Under Article 34 of the Enforcement and Bankruptcy Law, the creditor may request the enforcement of judgments from any enforcement office. Indeed, if the creditor changes their place of residence after proceedings have been commenced, they may request that the proceedings be transferred to the enforcement office of the new place of residence. The debtor cannot object to the jurisdiction of the enforcement office in proceedings based on a judgment.<\/p>\n<p>A creditor wishing to bring enforcement proceedings based on a judgment must apply to the enforcement office by completing a request for proceedings under Article 58 of the Enforcement and Bankruptcy Law. The creditor must annex to the request the original, or a certified copy, of the judgment or of the document having the effect of a judgment on which the proceedings are based. The enforcement director who receives the request must issue an enforcement order within three days and send it to the debtor.<\/p>\n<p>Enforcement proceedings based on a judgment consist of the following stages, in the order described in the article:<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Takip talebi<\/strong><span>The creditor applies to the enforcement office, attaching to the request for enforcement the original or a certified copy of the judgment or the document having the effect of a judgment.<\/span><\/li>\n<li><strong>Enforcement order<\/strong><span>The enforcement officer who receives the request for enforcement draws up an enforcement order within three days and sends it to the debtor.<\/span><\/li>\n<li><strong>Stay of enforcement<\/strong><span>As there is no mechanism for objecting to an enforcement order, the proceedings can be stopped only by a decision staying enforcement.<\/span><\/li>\n<\/ol>\n<p>In enforcement based on a judgment, an enforcement order is sent to the debtor. As there is no mechanism for objecting to an enforcement order in this form of proceedings, the proceedings cannot be stayed by that route. A debtor wishing to stay the proceedings may do so by obtaining an order for the postponement of enforcement from the appellate court, from the court hearing an application for the reopening of proceedings where such an application has been made, or from the enforcement court.<\/p>\n<p>Postponement of enforcement by the appellate court or by the court hearing an application for the reopening of proceedings is possible where security is provided. A debtor who claims that the debt has been discharged, that the claim is time-barred, or that the creditor has granted them time must apply to the enforcement court and request the postponement of enforcement.<\/p>\n<p>The sub-divisions of enforcement based on a judgment:<\/p>\n<ol class=\"pm-sirali\">\n<li>enforcement of judgments concerning monetary claims and claims for security<\/li>\n<li>delivery of movable property<\/li>\n<li>eviction from and delivery of immovable property<\/li>\n<li>enforcement of judgments concerning the doing or not doing of something<\/li>\n<li>enforcement of judgments concerning easements<\/li>\n<li>enforcement of judgments concerning the handing over of children and the establishment of personal contact with a child<\/li>\n<\/ol>\n<\/section>\n<section id=\"ilamli-alt-turler\">\n<h2>Enforcement of Judgments for Payment, Delivery, Performance and Surrender of a Child<\/h2>\n<h3>Enforcement of claims for money and security<\/h3>\n<p>Where the creditor has a monetary claim or a claim for security embodied in a judgment or in a document having the effect of a judgment, they must use enforcement based on a judgment in order to collect it. The request for proceedings in this form is, apart from minor differences, the same as in the general attachment procedure. The essential difference concerns the enforcement order: here the debtor is sent not a payment order but an enforcement order. Once the enforcement order has become final, the creditor may continue the proceedings by way of attachment or request that they continue by way of bankruptcy. The creditor need not therefore indicate, when making the request, which of the two routes they have chosen. Proceedings by way of bankruptcy are, however, possible only where the debtor is a person subject to bankruptcy.<\/p>\n<h3>Enforcement of other claims<\/h3>\n<p>A judgment or a document having the effect of a judgment may concern a claim other than a monetary claim or a claim for security. Such claims may likewise be carried out through enforcement based on a judgment. Examples include the delivery of movable property, the eviction from and delivery of immovable property, the doing or not doing of something, the handing over of a child and the establishment of personal contact with a child.<\/p>\n<p>A creditor wishing to have any of these claims carried out through enforcement based on a judgment applies to the enforcement office with a request for proceedings. An enforcement order is sent to the debtor according to the content of the claim. The period for performance stated in the enforcement order varies with the subject matter of the debt: where the delivery of movable or immovable property is sought, for example, delivery is required within seven days. As the subject matter of the proceedings here is not money or security, there is no attachment stage; the provisions on the declaration of assets therefore do not apply, and only the order contained in the judgment is carried out.<\/p>\n<p>Where the debtor fails to comply with the enforcement order within seven days, movable property is taken from the debtor by force through the enforcement director, and immovable property is cleared and delivered to the creditor. Where, in carrying out an enforcement order in respect of movable property, it appears that the property is not in the debtor\u2019s possession and it is not legally possible to recover it from third parties, the debtor\u2019s assets are attached to the value of that property and its value is paid to the creditor. The value of the movable property is determined according to the judgment where it is stated there and, failing that, by the enforcement director according to the market value at the date of attachment.<\/p>\n<p>Where the proceedings concern the doing of something, the enforcement order requires that it be done within the period stated in the judgment or, where none is stated, within the period determined by the enforcement director according to the nature of the work. Where the debtor refuses to do the work, and it can be done by third parties, it is \u2014 at the creditor\u2019s request \u2014 done by a third party and the cost claimed from the debtor. If the debtor does not pay, their assets are attached and sold to that value and the cost paid to the third party. The cost of the work is determined by the enforcement director with the assistance of an expert.<\/p>\n<p>Where the subject of the judgment is the not doing of something (that a neighbour refrain from making noise, or the prevention of interference, for example), the enforcement order sent contains a warning that the acts and conduct prohibited by the court decision are to be refrained from and that, failing this, the debtor will be punished by the enforcement court under Article 343 of the Enforcement and Bankruptcy Law on the creditor\u2019s complaint. If the debtor continues to engage in the prohibited acts and conduct, they are punished by the enforcement court on the creditor\u2019s complaint without the need for a fresh judgment.<\/p>\n<p>Judgments concerning the handing over of a child or the establishment of personal contact with a child are likewise carried out under the provisions on enforcement based on a judgment. Where the judgment concerns the handing over of a child, the enforcement order sent to the debtor contains a warning that the child is to be handed over within seven days. If the child is not handed over within seven days, the child is taken from the debtor by force through the enforcement authorities, wherever the child may be found, and handed over to the creditor.<\/p>\n<p>Where the judgment concerns the establishment of personal contact with a child, the order sent to the debtor contains a warning that they are not to prevent the creditor from having personal contact with the child as set out in the judgment and that, failing this, they will be punished by the enforcement court under Article 341 of the Enforcement and Bankruptcy Law on the creditor\u2019s complaint. If the debtor prevents the creditor from having personal contact with the child as set out in the judgment, that contact is established through the enforcement authorities, and the debtor is punished by the enforcement court under Article 341 on the creditor\u2019s complaint.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Handover of the child<\/p>\n<p>The enforcement order warns that the child must be handed over within seven days; if the child is not handed over, the child is taken by force through the enforcement office and handed over to the creditor.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Personal contact with the child<\/p>\n<p>A warning is given not to obstruct the establishment of personal contact; if it is obstructed, contact is established through the enforcement office and, upon complaint, the debtor is punished under Art. 341 of the \u0130\u0130K.<\/p>\n<\/div>\n<\/div>\n<p>Judgments concerning ships \u2014 irrespective of their flag or of whether they are registered \u2014 and rights in rem relating to them are likewise carried out under the provisions on enforcement based on a judgment. Such judgments must, however, have become final before they can be enforced. An enforcement order is sent to the debtor requiring compliance with the judgment within seven days; failing this, the judgment is carried out by force through the enforcement office. Where the debtor or a third party re-enters, without just cause, a ship delivered to the creditor, they are removed by force without the need for a further decision.<\/p>\n<\/section>\n<section id=\"ilamsiz-icra\">\n<h2>Enforcement Without a Judgment and the Jurisdiction of Enforcement Offices<\/h2>\n<p>Enforcement without judgment is a form of proceedings available only in respect of monetary claims and claims for security. Where the creditor\u2019s claim is monetary or for security, the creditor may commence enforcement proceedings without judgment by applying directly to the enforcement office, without bringing an action. Creditors whose claim is established by a judgment or by a document having the effect of a judgment may not use proceedings without judgment; they must use proceedings based on a judgment. The Court of Cassation has held that recourse to proceedings without judgment by a creditor whose claim is so established constitutes an abuse of right. Where the subject of the claim is something other than money or security, proceedings without judgment are not available and the creditor must first bring an action, obtain a judgment establishing the claim, and bring enforcement proceedings based on that judgment. Enforcement without judgment takes four forms:<\/p>\n<ul class=\"pm-liste\">\n<li>the general attachment procedure,<\/li>\n<li>the attachment procedure for negotiable instruments,<\/li>\n<li>eviction without judgment from leased immovable property,<\/li>\n<li>proceedings without judgment by way of realisation of a pledge,<\/li>\n<\/ul>\n<p>these being the four forms in which it is encountered.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-ilamli-ilamsiz\">Comparison of enforcement with and without a court judgment<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-ilamli-ilamsiz\">\n<thead>\n<tr>\n<th scope=\"col\"><\/th>\n<th scope=\"col\">Enforcement based on a judgment<\/th>\n<th scope=\"col\">Enforcement without a judgment<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<th scope=\"row\">Foundations<\/th>\n<td>Judgment or document having the effect of a judgment<\/td>\n<td>Initiated without bringing an action; a creditor whose claim is already established by a judgment cannot use this route<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Konusu<\/th>\n<td>Any claim capable of performance<\/td>\n<td>Only claims for money and security<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Sent to the debtor<\/th>\n<td>Enforcement order<\/td>\n<td>Payment order<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Stopping the proceedings<\/th>\n<td>There is no mechanism for objecting to the enforcement order; a decision staying enforcement is required<\/td>\n<td>As a rule, an objection to the payment order stops the proceedings (it does not in the route specific to bills of exchange)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<h3>Competent enforcement office and objection to jurisdiction<\/h3>\n<p>The general provision on the jurisdiction of enforcement offices is found in Article 50 of the Enforcement and Bankruptcy Law. This provision indicates that, as regards rules of jurisdiction, the provisions of the Code of Civil Procedure on the jurisdiction of courts apply by analogy to enforcement offices. Under this provision, the enforcement office of general jurisdiction where enforcement proceedings are to be initiated is the enforcement office of the debtor\u2019s place of residence. In addition to the general rule of jurisdiction, there are also certain special rules of jurisdiction provided for in Articles 8 to 18 of the Code of Civil Procedure. By their nature, some of these special rules cannot be applied to the jurisdiction of enforcement offices, while others can.<\/p>\n<p>Since the jurisdiction of the enforcement office is not a matter of public order, the enforcement office cannot examine of its own motion whether it has jurisdiction. In that case, the debtor must raise an objection to jurisdiction. By a jurisdiction agreement, the parties may also confer jurisdiction on an enforcement office that would otherwise lack it. The jurisdiction agreement recognised by the Code of Civil Procedure is an exclusive jurisdiction agreement. Accordingly, the parties cannot initiate proceedings before any enforcement office of general or special jurisdiction other than the one agreed in the jurisdiction agreement.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Objection to jurisdiction \u00b7 seven days<\/p>\n<p>Where the creditor initiates proceedings before an enforcement office other than the enforcement offices of general or special jurisdiction or the one agreed in a jurisdiction agreement, the debtor must raise an objection to jurisdiction within seven days of service of the payment order. The debtor may raise an objection to jurisdiction alone, or together with an objection to the signature or an objection to the debt. The objection stops the proceedings.<\/p>\n<\/div>\n<p>Enforcement courts are competent to examine complaints and objections concerning the acts of the enforcement offices assigned to them by the Presidency of the Judicial Justice Commission. The jurisdiction of the enforcement courts is therefore determined by reference to the enforcement or bankruptcy offices assigned to them. That jurisdiction is exclusive.<\/p>\n<p>The jurisdiction of the general courts competent in enforcement and bankruptcy matters is determined under the Code of Civil Procedure. The Enforcement and Bankruptcy Law also contains special rules of jurisdiction, however, as in actions for release from debt or for a negative declaration. In those cases the debtor may also bring an action against the creditor in the court of the place where the enforcement office conducting the proceedings is located. Save for the exceptions provided in the Code of Civil Procedure, the jurisdiction of the general courts is exclusive.<\/p>\n<\/section>\n<section id=\"genel-haciz\">\n<h2>Genel Haciz Yolu ile Takip<\/h2>\n<p>Proceedings by way of general attachment are available only for monetary claims and claims for security. Where a monetary claim is embodied in a negotiable instrument, however, the creditor may use either the attachment procedure specific to negotiable instruments or the general attachment procedure. In addition, the claim must not be secured by a pledge: as a rule, a creditor whose claim is so secured may not use the general attachment procedure. This rule is expressed briefly as the obligation to have recourse to the pledge first. Where the amount of the pledge is insufficient to discharge the debt, however, the general attachment procedure may be used. The general attachment procedure may be used for a monetary claim or a claim for security that is not secured by a pledge, regardless of whether it is embodied in an instrument and of its source and legal ground. It is available for monetary claims arising out of private law relationships. \u201cMoney\u201d here means, as a rule, Turkish currency in circulation. Where the claim is in foreign currency, however, the creditor may request payment converted into Turkish currency at the exchange rate on the due date or on the date of actual payment (Enforcement and Bankruptcy Law art. 58\/3).<\/p>\n<p>As gold coin is treated as an item of valuable property, the general attachment procedure cannot be used for such claims and recourse must be had to enforcement based on a judgment. Apart from monetary claims, where a person who has assumed an obligation to provide security under a legal relationship fails to do so, the creditor likewise uses the general attachment procedure in order to compel the debtor to provide it.<\/p>\n<p>Proceedings by way of general attachment begin with the request for proceedings submitted by the creditor to the enforcement office, upon which the office sends a payment order to the debtor. Where the debtor objects to the proceedings (to the payment order) and the objection is upheld, the proceedings come to an end at that stage. Where the debtor does not object to the payment order in time, or objects and the objection is set aside, the proceedings become final. If the debtor still fails to pay, so much of their property as will discharge the debt is attached at the creditor\u2019s request, sold \u2014 again at the creditor\u2019s request \u2014 and the creditor\u2019s claim satisfied. Where the creditor cannot obtain payment because the debtor has insufficient assets, a certificate of insolvency is issued to the creditor.<\/p>\n<p>Proceedings by way of general attachment consist of the following stages, in the order described in the article:<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Takip talebi<\/strong><span>The creditor applies to the competent enforcement office with a request for enforcement.<\/span><\/li>\n<li><strong>Payment order<\/strong><span>The enforcement office draws up a payment order within three days at the latest and sends it to the debtor.<\/span><\/li>\n<li><strong>Objection<\/strong><span>The debtor may object to the signature or to the debt within seven days of service of the payment order; the objection stops the proceedings.<\/span><\/li>\n<li><strong>Finality and attachment<\/strong><span>If no objection is made in time or the objection is set aside, the proceedings become final; at the creditor\u2019s request, assets sufficient to pay the debt are attached.<\/span><\/li>\n<li><strong>Sale or certificate of insolvency<\/strong><span>The assets are sold and the claim is paid; if the claim cannot be recovered, a certificate of insolvency is issued to the creditor.<\/span><\/li>\n<\/ol>\n<p>A creditor wishing to bring proceedings by way of general attachment applies with a request for proceedings to the enforcement office whose jurisdiction is determined under the Code of Civil Procedure. The office issues a payment order within three days at the latest and sends it to the debtor. If the debtor pays the debt together with its accessories from the date of service of the payment order, the proceedings come to an end.<\/p>\n<h3>Objection to the payment order and removal of the objection<\/h3>\n<p>A debtor who considers that they are not indebted may object to the payment order by applying to the enforcement office within seven days of service. The objection may be to the signature or to the debt. Whether the objection is to the signature or to the debt, it stays the proceedings. Where the proceedings are stayed and the creditor wishes to continue them, the debtor\u2019s objection must be removed. The manner of removing the objection depends on whether the debtor objected to the signature or to the debt.<\/p>\n<p>The debtor must state an objection to the signature separately and expressly; otherwise the signature on the instrument is deemed admitted for the purposes of those proceedings and no further objection to the signature is possible. A creditor wishing to continue proceedings stayed by an objection to the signature must, within six months of service of the objection to the payment order, request the enforcement court to order <em>\u201cthe provisional removal of the objection\u201d<\/em> or, within one year, request the general courts to order <em>\u201cthe setting aside of the objection\u201d<\/em> . Where the enforcement court orders the provisional removal of the objection, the creditor may request the provisional attachment of the debtor\u2019s property, but cannot request its sale until the provisional attachment becomes definitive.<\/p>\n<p>Within seven days of the pronouncement or service of the order for provisional removal of the objection, the debtor must bring an <em>\u201caction for release from debt\u201d<\/em> in the general courts. For that action to be heard the debtor must also deposit security of 15% of the claim in issue; this is a special condition of action. If the debtor does not bring the action in time, the provisional removal becomes definitive and the provisional attachment becomes definitive attachment.<\/p>\n<p>The debtor may object to the whole of the debt or to part of it. An objection to part of the debt is a partial objection, and the debtor must state expressly to what part of the debt they object; otherwise the objection is deemed not to have been made. A creditor wishing to continue proceedings stayed by an objection to the debt may, within six months of service of the objection to the payment order, apply to the enforcement court and request <em>\u201cthe definitive removal of the objection\u201d <\/em>, or may, within one year, apply to the general courts and request<em> \u201cthe setting aside of the objection\u201d <\/em>. Which of these routes the creditor may take depends closely on the documents they hold in respect of the claim.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Removal of the objection \u00b7 enforcement court<\/p>\n<p>The creditor applies to the enforcement court within six months of service of the objection on them; one of the documents listed in Art. 68 and 68\/a of the \u0130\u0130K must be available.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Annulment of the objection \u00b7 general court<\/p>\n<p>The creditor brings an action for annulment of the objection before the general courts within one year; whether the claim exists is examined under the general provisions.<\/p>\n<\/div>\n<\/div>\n<p>Where the creditor holds one of the documents referred to in Articles 68 and 68\/a of the Enforcement and Bankruptcy Law, they may choose the route of removal of the objection. Those documents \u2014 provided that they concern an unconditional monetary claim or claim for security \u2014 are: a private instrument whose signature the debtor admits; instruments drawn up in the form of notarial certification; documents duly drawn up by official institutions and authorities within their functions; and documents issued by credit institutions. Where a creditor who seeks the removal of the objection on the basis of one of these documents is successful, the proceedings continue; otherwise they are annulled.<\/p>\n<p>Where there is an objection to the debt or to the signature, the creditor may bring an action in the general courts within one year for the setting aside of the objection. In that action the existence of the claim forming the subject of the proceedings is examined under the general provisions. The decision given at the end of the action constitutes res judicata in the substantive sense, and the parties cannot bring a further action on the matter.<\/p>\n<h3>Enforcement compensation and declaration of assets<\/h3>\n<p>In enforcement without judgment, where the creditor or the debtor takes steps that abuse the procedural advantages afforded them by the Law, enforcement compensation of not less than 20% of the claim forming the subject of the proceedings (or of the action, where one has been brought) is also awarded. The most important condition for such an award is that the claim be liquid.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Obligation to declare assets<\/p>\n<p>Finally, a debtor who neither pays the debt nor objects to the payment order must make a declaration of assets within seven days of service of the payment order. A debtor who fails to do so in time is punished by the enforcement court, on the creditor\u2019s complaint, with imprisonment as a coercive measure; a debtor who makes a false declaration of assets is punished with imprisonment. Likewise, a debtor who fails to declare increases in their assets and income in time is punished with disciplinary imprisonment.<\/p>\n<\/div>\n<\/section>\n<section id=\"kambiyo-senetleri\">\n<h2>Attachment Based on Bills of Exchange<\/h2>\n<p>Negotiable instruments are at the same time securities. The special procedure provided for in the Enforcement and Bankruptcy Law is, however, specific to negotiable instruments; other securities do not benefit from the advantages it offers. A creditor holding a promissory note, a bill of exchange or a cheque may commence proceedings by annexing the original of the instrument (in the case of a cheque, a photocopy) to the request for proceedings. A creditor holding a negotiable instrument is not obliged to use this route; they may also use the general attachment procedure. To use this route, the creditor\u2019s claim must be embodied in an instrument and that instrument must have the character of a negotiable instrument.<\/p>\n<p>The attachment procedure specific to negotiable instruments is laid down in parallel with the general attachment procedure, and the basic stages of the proceedings are the same. An important difference between the two concerns claims secured by a pledge. As a rule, a creditor whose claim is so secured must first bring proceedings by way of realisation of the pledge. Where, however, such a creditor has also taken a negotiable instrument for that claim, they may bring proceedings directly under the attachment procedure specific to negotiable instruments, without being obliged to proceed by way of realisation of the pledge.<\/p>\n<h3>Takip talebi<\/h3>\n<p>Under Article 167\/2 of the Enforcement and Bankruptcy Law, a creditor wishing to use the procedure specific to negotiable instruments must likewise complete a request for proceedings under Article 58. Having regard to the nature of a negotiable instrument, however, the type, date and number of the instrument must also be stated in the request. Unlike the general attachment procedure, the creditor must annex to the request the original of the negotiable instrument stated in it, together with as many certified copies as there are debtors. An exception to the requirement to annex the original is made in the case of cheques.<\/p>\n<p>Where the creditor must give notice of protest for non-payment in order to claim against the debtor, the protest must also be annexed to the request for proceedings and submitted to the enforcement office together with the negotiable instrument.<\/p>\n<h3>Payment order<\/h3>\n<p>The enforcement office immediately sends a payment order to the debtor. Although the payment order in proceedings specific to negotiable instruments contains the same particulars as that in ordinary proceedings, certain matters \u2014 in particular the warnings \u2014 are framed differently. The payment order accordingly contains the following particulars:<\/p>\n<ul class=\"pm-liste\">\n<li>the information and particulars contained in the request for proceedings<\/li>\n<li>a warning to pay the debt within 10 days<\/li>\n<li>that, if the debtor claims that the instrument does not have the character of a negotiable instrument, that claim must be raised before the enforcement court by way of complaint within 5 days<\/li>\n<li>that, if the debtor has a claim against the debt, they may object to the enforcement court within five days<\/li>\n<li>that, if the debtor considers that the signature on the instrument is not theirs, they may object separately and expressly to the enforcement court within five days<\/li>\n<li>that, if the debt is not paid in time or no objection is made, they must make a declaration of assets within ten days, failing which they will, should a complaint be made, be subjected to imprisonment as a coercive measure by the enforcement (criminal) court.<\/li>\n<\/ul>\n<p>In this form of proceedings the enforcement director must examine whether the instrument on which the proceedings are based has the character of a negotiable instrument, whether it has fallen due, and whether the creditor bringing the proceedings has standing to do so. Failure by the enforcement director to perform that duty is a special ground of complaint in the attachment procedure specific to negotiable instruments. Where the instrument does not have the character of a negotiable instrument, or the creditor lacks standing to bring proceedings, the period for complaint is five days; in other cases it is seven days.<\/p>\n<h3>Objection and stopping the proceedings<\/h3>\n<p>In the attachment procedure specific to negotiable instruments, the period for objecting to the signature or to the debt is five days. One of the most important features of this procedure is that the objection is made to the enforcement court and does not stay the proceedings. As the objection does not stay the proceedings, no distinction is drawn between provisional and definitive removal of the objection, and the provisions on the action for release from debt and the action for the setting aside of the objection do not apply.<\/p>\n<p>In the attachment procedure specific to negotiable instruments, an objection to the debt or to the signature stays no enforcement step other than the sale. Where, on examination, the enforcement court considers the objection to be serious in the light of the matters raised in the debtor\u2019s statement of objection and the documents annexed to it, it may order the provisional stay of the proceedings until it gives its decision on the merits of the objection.<\/p>\n<p>In ordinary proceedings, a debtor who objects to the signature on a private document and loses the action for provisional removal of the objection may bring an action for release from debt in the general courts within seven days of the pronouncement or service of the decision. That possibility is not, however, afforded to a debtor who objects in proceedings specific to negotiable instruments and loses.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-genel-kambiyo\">Differences between general attachment proceedings and attachment proceedings specific to negotiable instruments<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-genel-kambiyo\">\n<thead>\n<tr>\n<th scope=\"col\"><\/th>\n<th scope=\"col\">Genel haciz yolu<\/th>\n<th scope=\"col\">Attachment route specific to bills of exchange<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<th scope=\"row\">Objection period<\/th>\n<td>Seven days<\/td>\n<td>Five days<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Authority for objection<\/th>\n<td>Enforcement office<\/td>\n<td>Enforcement court<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Effect of the objection<\/th>\n<td>Takibi durdurur<\/td>\n<td>Does not stop enforcement steps other than the sale<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Action for release from debt<\/th>\n<td>May be brought after the provisional removal of the objection<\/td>\n<td>Its provisions cannot be applied<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Period for declaration of assets<\/th>\n<td>Seven days<\/td>\n<td>Ten days<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<\/section>\n<section id=\"kira-tahliye\">\n<h2>Eviction from Leased Immovable Property Without a Court Judgment<\/h2>\n<p>As a rule, in order to evict a tenant from immovable property the landlord must first bring an eviction action in the general courts and, on the basis of the resulting judgment, request the tenant to vacate the property. If the tenant persists in not vacating notwithstanding the judgment, the landlord must apply to the enforcement offices, submit the judgment and, by means of enforcement based on that judgment, secure eviction by force. <strong>Turkish law makes an exception to this, however, and it arises in two forms:<\/strong><\/p>\n<h3>Eviction without a court judgment for non-payment of rent<\/h3>\n<p>Where rent is unpaid and the creditor wishes only to collect it, the general attachment procedure may be used. Where, however, eviction from the leased property is sought together with the collection of the rent, recourse must be had to the provisions on eviction without judgment. It is sufficient for the creditor wishing to use this route to rely on a valid lease agreement; the lease need not have been made in writing. The landlord must first attend the enforcement office and submit a request for proceedings drawn up in respect of the rent debt for payment by the tenant. In the section for relief sought, the landlord must request both attachment and eviction. A payment order is then sent to the tenant. That payment order has the same features as the other two payment orders, and the warnings section contains the following matters.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Payment period<\/p>\n<ul class=\"pm-liste\">\n<li>The period for payment given to the tenant is 10 days in ordinary leases.<\/li>\n<li>The period for payment given to the tenant is 30 days for roofed and enclosed premises.<\/li>\n<li>The period for payment given to the tenant is 60 days for agricultural produce leases.<\/li>\n<\/ul>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Objection period<\/p>\n<ul class=\"pm-liste\">\n<li>The period for objection given to the tenant is 3 days for leases of less than 6 months.<\/li>\n<li>The period for objection given to the tenant is 7 days for leases of more than 6 months.<\/li>\n<\/ul>\n<\/div>\n<\/div>\n<p>If the tenant claims that the signature on the agreement is not theirs, they must object to the signature expressly; otherwise they will be deemed to have accepted the signature and to have objected only to the debt. A tenant who objects to the debt need not, as in ordinary proceedings, state the grounds of that objection expressly. Where the objection is partial, however, it must be stated clearly and with its amount; otherwise no objection will be deemed to have been made. The objection stays the proceedings. A debtor who objects to the lease agreement cannot raise other objections in the alternative together with that objection. Where the debtor objects to the lease agreement, the landlord can prove its existence only by a document certified or drawn up by a notary. Where the landlord produces a lease agreement drawn up or certified by a notary, the tenant may prove that it is invalid or has come to an end by a private instrument whose signature the landlord admits or by a certified official instrument.<\/p>\n<p>Where the debtor on whom the payment order has been served does not object to it and pays the rent in time, the creditor can no longer request the tenant\u2019s eviction and the proceedings come to an end. Where the debtor does not object to the payment order and does not pay the debt within the periods laid down in the Turkish Code of Obligations, the payment order becomes final. The creditor may then request the enforcement office to attach the tenant\u2019s property in respect of the unpaid rent and may also, within six months of service of the warning, request the enforcement court to evict the tenant. On such a request the enforcement court may not examine whether a valid lease agreement exists.<\/p>\n<p>A landlord wishing to continue the proceedings must, within six months of service of the objection, apply to the enforcement court and request the removal of the objection and an order for the tenant\u2019s eviction; otherwise they may not use the eviction procedure without judgment again for the same claim. The enforcement court conducts its examination according to the type of objection and, if it finds for the debtor, annuls the proceedings; if it finds for the creditor, it orders that the proceedings continue and that the tenant be evicted.<\/p>\n<p>On an order removing the objection, the landlord may apply to the enforcement office and request the attachment of the debtor\u2019s property in respect of the unpaid rent. They may also request the tenant\u2019s eviction if the tenant does not vacate the property within ten days of the service or pronouncement of the eviction order. These decisions may be enforced without the enforcement court\u2019s decision having become final; the decision must, however, have become final before the attached property can be sold. Where the tenant has appealed against the enforcement court\u2019s decision, they may prevent eviction by obtaining an order for the postponement of enforcement under Article 36 of the Enforcement and Bankruptcy Law.<\/p>\n<h3>Eviction without a court judgment on expiry of the lease term<\/h3>\n<p>The Turkish Code of Obligations distinguishes between the provisions applicable to immovable property that is not a dwelling or roofed workplace and those applicable to dwellings and roofed workplaces. That distinction also matters for the provisions on eviction without judgment applicable to such property.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Immovables other than residential and roofed business premises<\/p>\n<p>There must be a lease agreement made in writing; a written undertaking to vacate is not required.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Leases of residential and roofed business premises<\/p>\n<p>A written lease agreement is not sufficient; there must also be a validly executed written undertaking to vacate.<\/p>\n<\/div>\n<\/div>\n<p>For eviction without judgment of immovable property that is not a dwelling or roofed workplace, the landlord must hold a lease agreement made in writing; an oral lease is not sufficient. In leases of this kind the landlord need not hold a written undertaking to vacate. Here the landlord must apply to the enforcement office seeking eviction without judgment within one month of the expiry of the lease term.<\/p>\n<p>For the provisions on eviction without judgment to apply to leases of dwellings and roofed workplaces, it is not sufficient for the landlord to hold a written lease agreement; the landlord must also hold a validly made written undertaking to vacate. As proof of a validly made written undertaking to vacate also demonstrates the existence of a valid lease agreement, the landlord may in that case seek eviction without judgment even in the absence of a written lease. Conversely, where there is no validly made written undertaking to vacate, the tenant cannot be evicted under the provisions on enforcement without judgment even if there is a written lease agreement, since \u2014 provided the tenant pays the rent on time \u2014 the lease is deemed renewed each year on the same terms for a period of ten years.<\/p>\n<p>In eviction without judgment on the ground of expiry of the lease term, an application for eviction is likewise made to the enforcement office under Article 58 of the Enforcement and Bankruptcy Law. The landlord must apply for eviction within one month of the expiry of the lease term \u2014 in leases other than dwellings and workplaces \u2014 or, in leases of dwellings and roofed workplaces, of the expiry of the lease term or of the period stated in the written undertaking to vacate. The lease agreement and, in leases of dwellings and roofed workplaces, the written undertaking to vacate must be annexed to the application.<\/p>\n<p>The enforcement office that receives the application sends an eviction order to the tenant. Unlike the payment order in the general attachment procedure, that order contains a warning that the tenant may, within seven days, raise objections as to the date or validity of the lease agreement (in leases of dwellings and roofed workplaces, as to the validity and vacating date of the undertaking) or that the lease has been renewed or extended; and that, if no objection is made to the eviction order, they must vacate the property within fifteen days, failing which they will be evicted by force by the enforcement office. As there is no attachment stage in this form of proceedings, the provisions on the declaration of assets do not apply.<\/p>\n<p>A tenant on whom an eviction order has been served who does not object to it in time must vacate the property and deliver it to the landlord within fifteen days; otherwise they are evicted by force by the enforcement office and the property delivered to the landlord. It should be emphasised that, in this situation, no decision of the enforcement court is required for the tenant\u2019s eviction.<\/p>\n<p>A tenant on whom an eviction order has been served must raise their objections \u2014 as to the validity and date of the lease agreement (in leases of dwellings and roofed workplaces, as to the validity and vacating date of the written undertaking to vacate), or that the lease has been renewed or extended \u2014 orally or in writing before the enforcement office within seven days. Where the landlord relies on a lease agreement or undertaking to vacate drawn up in private form, the tenant must object separately and expressly to the signature on those documents; otherwise the signature is deemed admitted. The tenant\u2019s objection to the eviction order stays the proceedings. A landlord wishing to continue must request the enforcement court to remove the objection within six months.<\/p>\n<p>Where the landlord relies on a lease agreement whose signature the tenant admits, or one certified or drawn up by a notary, the tenant must prove that the lease has been renewed or extended by a document of the same character. Where the signature on a private document produced by the landlord is denied by the tenant, or the signature on a private document produced by the tenant is denied by the landlord, no examination of the signature is carried out by the enforcement court. Where the signature on a private document is denied by the tenant, the landlord cannot continue the proceedings and must bring an eviction action in the general courts. The party who is unsuccessful in that action is sentenced to a fine under Article 275\/5 of the Enforcement and Bankruptcy Law.<\/p>\n<p>Where the signature on a private document produced by the tenant is denied by the landlord, the tenant\u2019s objection is removed without any examination of the signature. On that decision the landlord may apply to the enforcement office and request the tenant\u2019s eviction. Following a decision removing the objection, the tenant may bring an action for a negative declaration in the general courts. The party who is unsuccessful in that action is sentenced to a fine under Article 275\/5 of the Enforcement and Bankruptcy Law.<\/p>\n<p>Where the tenant does not object to the eviction order, or objects and the objection is removed by the enforcement court, the tenant \u2014 or the persons listed in the final paragraph of Article 276 of the Enforcement and Bankruptcy Law \u2014 must vacate the property and deliver it to the landlord. If they fail to do so in time, the tenant is evicted by the enforcement office at the landlord\u2019s request and the property delivered to the landlord.<\/p>\n<p>Where a third party is in the leased property, that third party is evicted under Article 276 of the Law. For the purposes of that provision, the persons listed in the final paragraph of Article 276 are not regarded as third parties and are evicted in the same way as the tenant (debtor). In this connection it matters whether the third party holds a document showing that they are entitled to occupy the leased property. Where the third party holds an official document showing such entitlement, they cannot be evicted.<\/p>\n<p>Where the third party holds no document showing entitlement to occupy the property, they are evicted immediately. Where, however, the third party holds no official document but produces other evidence showing that they have been entitled to occupy the property since a time before the enforcement court\u2019s eviction order, the enforcement director examines the accuracy of that matter personally on site. If satisfied that the third party is entitled, the director postpones the eviction and notifies the enforcement court within three days.<\/p>\n<p>The enforcement court hears the parties and gives a decision on eviction. It may order eviction, or it may order one of the parties to apply to the court. Where such an application is made, eviction is postponed until the end of the proceedings. Where an appeal is lodged against the court\u2019s decision, the postponement of enforcement may be sought under Article 36 of the Enforcement and Bankruptcy Law. Where the party ordered to apply to the general court fails to comply, the enforcement court decides against them.<\/p>\n<\/section>\n<section id=\"rehnin-paraya-cevrilmesi\">\n<h2>Proceedings Without a Judgment for the Realisation of a Pledge<\/h2>\n<p>Proceedings by way of realisation of a pledge may be brought either with or without a judgment. Where the creditor holds a judgment, or a document having the effect of a judgment, establishing the claim or the right of pledge, or both, the creditor may bring proceedings by way of realisation of the pledge based on a judgment; otherwise they must bring proceedings without judgment. The request must also state the immovable property forming the subject of the pledge and its particular characteristics.<\/p>\n<h3>Realisation of a pledge over movable property<\/h3>\n<p>A creditor wishing to bring proceedings without judgment by way of realisation of a pledge over movable property must apply to the enforcement office by completing a request for proceedings under Article 58 of the Enforcement and Bankruptcy Law, stating in that request the type and characteristics of the pledged property.<\/p>\n<p>The enforcement office that receives the request issues a payment order within three days and sends it to the debtor. Unlike the payment order in the attachment procedure, that order must also contain the following particulars:<\/p>\n<ul class=\"pm-liste\">\n<li>that the debtor may object to the debt or to the right of pledge within seven days,<\/li>\n<li>that, if they object only to the pledge, they must state this separately and expressly, failing which no objection will be deemed to have been made,<\/li>\n<li>that, where the debtor objects only to the pledge, the creditor may abandon proceedings by way of realisation of the pledge and continue by way of attachment,<\/li>\n<li>that, if they do not object to the debt or to the pledge, they must pay the debt within fifteen days.<\/li>\n<\/ul>\n<p>A debtor on whom the payment order has been served may take one of the following three courses.<\/p>\n<ul class=\"pm-liste\">\n<li>If the debtor does not object and pays the debt within fifteen days, the proceedings come to an end.<\/li>\n<li>If the debtor does not object and does not pay the debt within fifteen days, the proceedings become final and the creditor may continue and request the realisation of the pledged property.<\/li>\n<li>The third possibility is that the debtor objects to the payment order within seven days. Whether the objection is to the pledge or to the debt, the proceedings are stayed. Where the proceedings are stayed and the creditor wishes to continue, they must within six months request the enforcement court to remove the objection, or within one year request the general courts to set the objection aside (that is, bring an action for the setting aside of the objection). Where the creditor takes one of these routes and is found to be in the right, they may continue the proceedings and request the sale of the pledged property; otherwise the proceedings are annulled.<\/li>\n<\/ul>\n<p>A debtor who wishes to object to the right of pledge must do so separately and expressly. An objection to the right of pledge alone likewise stays the proceedings. In that case, however, the creditor is not obliged to seek the removal or the setting aside of the objection in order to continue: they may, if they wish, abandon proceedings by way of realisation of the pledge and request that the proceedings continue by way of general attachment, since by objecting only to the right of pledge the debtor has admitted the existence of the debt. Where the creditor does so, the debtor must be given a period of seven days in which to make a declaration of assets.<\/p>\n<h3>Realisation of a mortgage (pledge over immovable property)<\/h3>\n<p>Where a claim secured by a pledge over immovable property remains unpaid although due, the creditor may apply to the enforcement office with a request for proceedings completed under Article 58 of the Enforcement and Bankruptcy Law. The creditor must also produce, together with the request, the mortgage deed issued by the land registry office. The enforcement office must issue a payment order within three days at the latest and send it to the debtor (or, where the mortgage was provided by third parties, to the third party). Although the payment order resembles that sent in the case of a pledge over movable property, certain differences arise as to the period for payment because of the features of a mortgage under substantive law. The payment order must accordingly also contain the following matters:<\/p>\n<ul class=\"pm-liste\">\n<li>that the debtor may object to the debt within seven days, but may not object to the right of mortgage,<\/li>\n<li>that, if no objection is made to the debt, the debt must be paid within thirty days, failing which the creditor may request the realisation of the mortgaged property,<\/li>\n<\/ul>\n<p>A debtor (or third party) on whom the payment order has been served may take one of the following three courses:<\/p>\n<ul class=\"pm-liste\">\n<li>The debtor may refrain from objecting to the payment order and pay the debt within thirty days. In that case the proceedings come to an end and the creditor cannot continue.<\/li>\n<li>If the debtor does not object and does not pay the debt within thirty days, the proceedings become final. Once they have become final, the creditor may request the sale of the pledged immovable property.<\/li>\n<li>If the debtor objects to the debt within seven days, the proceedings are stayed. The debtor cannot, however, object to the right of mortgage, since the mortgage is established by the official record kept by the land registry office. Nor can the debtor raise a plea of limitation, since claims secured by a mortgage are not subject to limitation under the rules of substantive law.<\/li>\n<\/ul>\n<p>Where the creditor wishes to continue proceedings stayed by an objection to the debt, they must within six months request the enforcement court to remove the objection, or within one year request the general courts to set it aside. If the debtor\u2019s objection is removed by either of these routes, the creditor may request the realisation of the pledged immovable property; otherwise the proceedings are annulled.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-tasinir-ipotek\">Payment order in the realisation of movable pledges and mortgages<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-tasinir-ipotek\">\n<thead>\n<tr>\n<th scope=\"col\"><\/th>\n<th scope=\"col\">Pledge over movable property<\/th>\n<th scope=\"col\">Mortgage<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<th scope=\"row\">Objection (seven days)<\/th>\n<td>To the debt or to the pledge right<\/td>\n<td>To the debt only; the mortgage right cannot be objected to<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Payment period<\/th>\n<td>Fifteen days<\/td>\n<td>Thirty days<\/td>\n<\/tr>\n<tr>\n<th scope=\"row\">Takip talebine eklenen<\/th>\n<td>The type and characteristics of the pledged asset are specified<\/td>\n<td>The official mortgage deed is submitted<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p class=\"pm-dipnot\">Selda G\u00dcNG\u00d6R<\/p>\n<\/section>\n<section id=\"kaynakca\">\n<h2>Bibliography<\/h2>\n<ul class=\"pm-liste\">\n<li>KURU, BAK\u0130: \u0130cra ve \u0130flas Hukuku [Enforcement and Bankruptcy Law], Ankara, 2017.<\/li>\n<li>ATALI, MURAT\/ ERMENEK, \u0130BRAH\u0130M: \u0130cra ve \u0130flas Hukuku [Enforcement and Bankruptcy Law], Ankara, 2018<\/li>\n<li>PEKCANITEZ, H\/ ATALAY, O\/ \u00d6ZEKES, M\/ SUNGURTEK\u0130N \u00d6ZKAN, M: \u0130cra ve \u0130flas Hukuku [Enforcement and Bankruptcy Law], Istanbul 2017.<\/li>\n<li>ARSLAN, R\/ YILMAZ, E\/ TA\u015ePINAR AYVAZ, S: \u0130cra ve \u0130flas Hukuku [Enforcement and Bankruptcy Law], Ankara 2017.<\/li>\n<\/ul>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-lease-eviction-lawyer\/\">Lease and Eviction Lawyer in Ankara<\/a> \u2014 rent determination, rent arrears and eviction proceedings<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=2004&amp;MevzuatTur=1&amp;MevzuatTertip=3\" target=\"_blank\" rel=\"noopener\">Enforcement and Bankruptcy Law No. 2004<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Types of Enforcement Proceedings: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What are the types of enforcement proceedings?<\/summary>\n<div>\n<p>Enforcement proceedings are divided into enforcement based on a judgment and enforcement without judgment. According to the article, enforcement without judgment takes four forms: general attachment proceedings, attachment proceedings based on negotiable instruments, eviction from leased immovables without judgment, and proceedings without judgment for the realisation of pledges.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What is the difference between enforcement based on a judgment and enforcement without judgment?<\/summary>\n<div>\n<p>Enforcement based on a judgment is the route used by a creditor whose receivable is established by a judgment or a document having the effect of a judgment, and it may be used for any type of claim. Enforcement without judgment may be initiated without filing an action, but only for monetary and security claims; a creditor whose receivable is established by a judgment cannot initiate proceedings without judgment.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How is an objection made to a payment order in general attachment proceedings?<\/summary>\n<div>\n<p>The debtor may object to the signature or to the debt by applying to the enforcement office within seven days of service of the payment order; the objection stays the proceedings. An objection to the signature must be stated separately and expressly. In a partial objection, the amount objected to must be stated clearly.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Does an objection stay proceedings specific to negotiable instruments?<\/summary>\n<div>\n<p>No. In this type of proceedings, objections to the signature and to the debt are made to the enforcement court within five days, and the objection does not stay enforcement steps other than sale. However, if the enforcement court finds the objection serious, it may order a temporary stay of the proceedings until it renders its decision on the merits.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What happens to a debtor who fails to make a declaration of assets?<\/summary>\n<div>\n<p>According to the article, a debtor who neither pays nor objects after service of the payment order must make a declaration of assets within seven days. A debtor who fails to make the declaration in time is subject to coercive imprisonment upon the creditor's complaint; a debtor who makes a false declaration is punished with imprisonment.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can enforcement proceedings be initiated to evict a tenant when rent is not paid?<\/summary>\n<div>\n<p>Yes. If eviction is sought together with collection of the rent, the provisions on eviction without judgment apply, and attachment and eviction are requested together in the request for enforcement. According to the article, a valid lease is sufficient; the lease need not be in writing. If the tenant objects, the landlord must apply to the enforcement court within six months for removal of the objection and eviction.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>In proceedings for realisation of a mortgage, can the debtor object to the mortgage?<\/summary>\n<div>\n<p>No. The debtor may object only to the debt within seven days; since the mortgage is established by the official record in the land registry, the debtor cannot object to the mortgage right. According to the article, since receivables secured by a mortgage are not subject to the limitation period, a limitation objection cannot be raised either.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about enforcement proceedings?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of enforcement and bankruptcy law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"\u0130cra ve \u0130flas Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"\u00d6rne\u011fin: Bana \u00f6deme emri tebli\u011f edildi, hangi s\u00fcre i\u00e7inde ve nereye itiraz etmem gerekti\u011fini \u00f6\u011frenmek istiyorum.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/enforcement-insolvency-law\/\">Our enforcement and bankruptcy law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>WHAT ARE ENFORCEMENT PROCEEDINGS AND WHAT TYPES ARE THERE? Enforcement and bankruptcy law is the branch of law governing the method by which a creditor collects a debt, with the help of the power of the state, from a debtor who has not paid on time and voluntarily\u2026<\/p>","protected":false},"author":1,"featured_media":395,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-164","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icra-iflas-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=164"}],"version-history":[{"count":6,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/164\/revisions"}],"predecessor-version":[{"id":809,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/164\/revisions\/809"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/395"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}