Creditor’s Legal Remedies Against an Objection to the Payment Order

When a foreign creditor starts enforcement proceedings in Turkey and the Turkish debtor objects to the payment order, the enforcement automatically stops. At that point, the foreign creditor has two main legal remedies under Turkish Enforcement and Bankruptcy Law:

1. Application for removal of objection before the Enforcement Court (itirazın kaldırılması), and
2. Action for annulment of objection before the general civil court (itirazın iptali davası).

Both remedies are subject to strict time limits and different evidentiary rules, so choosing correctly is crucial.

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1. Triggering Event: Service of the Debtor’s Objection

After the debtor files an objection at the enforcement office, this objection must be formally served on the creditor or the creditor’s attorney.

• From the date of this service, two separate time limits start to run:
  • 6 months to request removal of objection before the Enforcement Court,
  • 1 year to file an action for annulment of objection before the general court.

Both periods are regarded as “hak düşürücü süre” (preclusive, not merely limitation) – if they expire, the creditor loses the right to use that particular remedy for that enforcement proceeding.

For a foreign creditor, it is therefore essential to record the exact date on which the objection is served on their Turkish lawyer.

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2. Route One: Removal of Objection (İtirazın Kaldırılması)

2.1. Nature and competent authority

The request for removal of objection is made to the Enforcement Court (İcra Hukuk Mahkemesi). It is a summary, document-based procedure designed for cases where the creditor already holds strong written evidence that meets the requirements of Articles 68 and 68/a of the Enforcement and Bankruptcy Law.

Eligible documents include, for example:

• Official deeds,
• Private documents with signatures certified by a notary,
• Certain types of written acknowledgments of debt.

If the creditor’s file does not rely on such documents, this route may be unavailable or risky.

2.2. Time limit and filing

• The creditor must apply to the Enforcement Court within 6 months from the date the debtor’s objection is served.
• The application is usually made by a Turkish attorney, with:
  • Identification of the enforcement file,
  • A clear request for removal of the objection,
  • The original or certified copies of the qualifying documents.

If the six-month period expires without such an application, the creditor loses the right to seek removal of objection for that proceeding.

2.3. Evidence and outcome

The Enforcement Court conducts a limited review:

• The court only examines the documents listed in the statute; witness evidence or broad evidentiary investigation is generally not allowed.
• If the court finds the creditor’s evidence sufficient, it:
  • Removes the objection,
  • Allows the enforcement to continue (including attachment and sale),
  • May also award “inanç tazminatı” (a type of compensation) where conditions are met.

If the court rejects the application on the merits (for example, finding the document invalid), this may preclude a later annulment action based on the same claim, because of res judicata. For that reason, foreign creditors must carefully assess whether their documentation truly qualifies before choosing this route.

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3. Route Two: Annulment of Objection (İtirazın İptali Davası)

3.1. Nature and competent court

An action for annulment of objection is a full civil lawsuit brought before the competent general civil or commercial court, depending on the nature of the underlying relationship (commercial, consumer, etc.).

Key points:

• It is not limited to the documentary evidence listed in Article 68.
• The creditor can rely on all legally admissible evidence: documents, witnesses, expert reports, commercial books, etc.
• The case is conducted under ordinary or simple civil procedure rules, not merely summary enforcement rules.

3.2. Time limit

• The creditor must file the action within 1 year from the date the debtor’s objection is served.
• This 1-year period is also preclusive; if missed, the creditor can no longer file an annulment action for that specific enforcement proceeding.

Importantly, if the objection has never been formally served on the creditor or the attorney, the 1-year period does not start; Yargıtay case law confirms that mere knowledge of the objection or activity in the file does not replace formal service.

3.3. Outcome and advantages

If the court upholds the creditor’s claim:

• It orders the annulment of the objection and recognises the debt.
• The creditor can then continue enforcement in the same file as if no valid objection existed.
• Where the debtor’s objection is found unjustified and the claim was due, the court may award up to 20% compensation of the claim amount against the debtor, which is a significant deterrent against bad-faith objections.

This route is generally slower than removal of objection but more flexible in terms of evidence, making it often preferable for complex commercial or long-term business relationships.

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4. Strategic Considerations for Foreign Creditors

For a foreign creditor facing an objection to a payment order in Turkey:

1. Note the exact service date of the objection on your Turkish lawyer; all deadlines are calculated from that date.
2. Assess whether your documents meet the strict Article 68 standards:
   • If yes and you want speed, consider removal of objection within 6 months.
   • If not, or if the factual background is complex, consider going directly to an annulment action within 1 year.
3. Avoid filing a weak removal application that may be dismissed on the merits, as it can limit later options.
4. Always act through a local attorney familiar with Turkish enforcement courts and practice, to avoid losing rights due to procedural mistakes or missed deadlines.

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