How Foreign Owners of Real Estate or Companies in Turkey Can Challenge a Payment Order

When a foreign debtor receives a payment order (ödeme emri) from a Turkish enforcement office, the rules on objection are essentially the same as for Turkish nationals. The critical points are time limits, form, and the distinction between objection to the debt and objection to the signature.

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1. Service of the Payment Order and Time Limits

Once the payment order is validly served:

• The debtor has a short statutory period (typically 7 days in ordinary enforcement proceedings for a monetary claim) to object.
• The period runs from the date of service indicated on the proof of notification.
• Being a foreign national or residing abroad does not suspend the deadline once service is validly completed under Turkish notification rules.
• If the debtor misses the deadline, the payment order becomes final and the creditor may proceed to seizure and sale of assets in Turkey.

Because the deadline is strict, a foreign debtor should immediately contact a lawyer in Turkey upon receiving the payment order.

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2. General Requirements for Objection

Objection (itiraz) is made to the enforcement office that issued the payment order, not to the court in the first step.

Formal requirements:

1. Written submission in Turkish (or oral statement recorded by the enforcement officer, again in Turkish).
2. Identification of the enforcement file (file number, creditor and debtor names).
3. Clear indication that the debtor is objecting to the payment order and on what grounds.
4. Signature of the debtor or authorised representative.
5. If a lawyer is acting, a power of attorney (or at least proof that the original will be submitted promptly).

If the debtor does not speak Turkish, in practice, counsel or a sworn translator will prepare or assist with the text.

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3. Objection to the Debt (Borca İtiraz)

3.1. Nature of the objection

An objection to the debt challenges the existence, amount, maturity, or enforceability of the alleged claim. Typical grounds include:

• “I do not owe this amount at all.”
• “I owe only part of the amount” (partial objection).
• “The debt is already paid / set-off / time-barred.”
• “There is no valid contract / the contract was terminated.”

3.2. Content and effect

Key conditions and steps:

1. The objection must be filed within the legal time limit.
2. The debtor must explicitly state that they object to the debt and, if partial, indicate the uncontested portion (otherwise the whole debt is deemed contested).
3. Once a timely objection is lodged, enforcement proceedings stop automatically.
4. The creditor must then bring a separate court action (such as an action for annulment of objection or an action to determine the debt) to continue enforcement.
5. Until the court decides in favour of the creditor and that decision becomes enforceable, no further enforcement steps (such as sale of assets) can proceed, save for precautionary measures where available.

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4. Objection to the Signature (İmzaya İtiraz)

Where the enforcement is based on a written document (e.g. promissory note, cheque, written acknowledgment of debt), Turkish law distinguishes objection to the signature from ordinary objection to the debt.

4.1. Specific conditions

For a valid objection to the signature:

1. The debtor must expressly declare that the signature on the underlying document is not his or her signature, or that it is invalid (for example, forged).
2. A general statement such as “I object to the debt” is not sufficient; the objection must clearly target the authenticity of the signature.
3. The objection must also be filed within the statutory time limit after service of the payment order.

4.2. Legal consequences

If the debtor properly objects to the signature:

1. Enforcement proceedings are stayed.
2. The burden of proof shifts: the creditor must prove that the signature is genuine (for example, by initiating court proceedings where handwriting experts are appointed).
3. If the court ultimately finds that the signature is authentic, the creditor can resume enforcement and may also seek costs and compensation for unjustified objection.
4. If the court finds the signature not genuine, the proceedings based on that document cannot continue, and the creditor may face liability for costs and other consequences.

For foreign debtors, this ground is particularly important where they claim the document was signed without authority, forged, or signed in blank and later abused.

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5. Practical Steps for a Foreign Debtor

1. Check the service document: note the date of service; your objection period runs from that date.
2. Consult Turkish counsel immediately to avoid missing the deadline.
3. Decide whether you will:
   • Object to the existence or amount of the debt (borca itiraz),
   • Object to the authenticity of the signature (imzaya itiraz),
   • Or raise both, if justified.
4. File a clear, timely objection at the issuing enforcement office, ensuring the file number and grounds are precisely mentioned.
5. Keep copies of all documents and proof of filing, as they will be crucial if the creditor later starts court proceedings.

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