How to Initiate an Enforcement Proceeding: A Step-by-Step Process

In Turkey, the most commonly used legal remedy for collecting receivables is an enforcement proceeding. If the creditor cannot obtain payment from the debtor, an enforcement proceeding may be initiated under the Enforcement and Bankruptcy Law. However, the process must be carried out correctly; otherwise, the file drags on and the creditor loses both time and money.

In this article, we address—step by step—how to initiate an enforcement proceeding, how the process works, and what to pay attention to.

1. Choosing the Correct Type of Proceeding

The first and most important step is to select the right type of enforcement proceeding. Under Turkish Enforcement and Bankruptcy Law, different procedures exist depending on the nature of the receivable:

• Enforcement without judgment (ordinary proceeding): Used for monetary debts based on invoices, contracts, or other documents.

• Enforcement with judgment: Initiated when the creditor already holds a court judgment or arbitral award.

• Special proceedings (e.g., foreclosure of pledges or mortgages): Applied if the receivable is secured by collateral.

Selecting the wrong type of proceeding can lead to objections, annulment of the enforcement, or significant delays. A careful analysis of the receivable and supporting documents ensures that the creditor starts the process on solid ground.

2. Preparation Before Filing

Before initiating an enforcement proceeding, the creditor must carefully prepare the necessary documentation and information.

• Identify the debtor accurately: Full name, address, and if applicable, company details must be correct. Errors here can cause the entire process to fail.

• Gather supporting documents: Contracts, invoices, promissory notes, or any written evidence of the debt strengthen the proceeding.

• Calculate the receivable: Principal amount, accrued interest, and any agreed penalties should be clearly stated.

• Choose the competent enforcement office: Generally, it is the office located in the debtor’s place of residence or where the obligation is to be performed.

Proper preparation reduces the likelihood of objections and ensures the enforcement process proceeds swiftly.

3. Initiating the Enforcement Proceeding

Once the preparation is complete, the creditor may apply to the competent enforcement office to initiate the proceeding.

• Filing the request: The creditor (or their attorney) submits a written application (follow-up request) to the enforcement office, stating the debtor’s information, the amount of the receivable, and the legal grounds.

• Issuance of the payment order: The enforcement office then issues a payment order and serves it on the debtor.

• Service to the debtor: Proper service is crucial; deadlines for objection and payment start from the date of notification.

At this stage, precision in drafting and filing ensures that the enforcement process begins smoothly and effectively.

4. Payment Order and Service

After the enforcement proceeding is initiated, the enforcement office issues a payment order to the debtor.

• Content of the order: It specifies the amount of the debt, payment deadline, and the debtor’s right to object.

• Service of the order: The payment order must be duly served on the debtor, as all legal time limits (for objection or payment) begin from the date of notification.

• Deadline: The debtor is generally given 7 days (for ordinary proceedings) to either pay the debt or file an objection.

Proper service of the payment order is critical; if not done correctly, the entire proceeding may be delayed or invalidated.

5. Debtor’s Objection

Upon receiving the payment order, the debtor has the right to file an objection within the legal time limit.

• Timeframe: In ordinary proceedings, the debtor must object within 7 days of service.

• Form of objection: The objection can be made orally or in writing at the enforcement office.

• Scope: The debtor may contest the debt in full or in part, or raise procedural objections (such as lack of jurisdiction).

Once an objection is filed, the enforcement process is suspended. The creditor must then apply to the court to have the objection removed or annulled in order to proceed with collection.

6. Seizure and Sale Process

If the debtor does not pay the debt and does not object within the legal period, or if the objection is lifted/annulled by the court, the creditor may request seizure (haciz).

• Seizure (Haciz): The enforcement office seizes the debtor’s movable or immovable property, bank accounts, or other assets that can be used to satisfy the debt.

• Inventory and appraisal: The seized assets are listed, and their value is determined through appraisal.

• Sale: The creditor may then request the sale of the seized assets through public auction. The proceeds are used to cover enforcement costs and then to pay the creditor’s receivable.

This stage is critical for the creditor to actually collect the debt. Procedural accuracy ensures that the process moves forward without unnecessary delays or challenges.

7. Common Mistakes

In enforcement proceedings, even small errors can cause major delays or loss of rights. Some of the most frequent mistakes include:

• Incorrect debtor information: Wrong name, address, or company details may invalidate notifications.

• Misidentifying the type of proceeding: Choosing the wrong enforcement path (e.g., ordinary proceeding instead of foreclosure of a pledge) can lead to dismissal.

• Incomplete or unclear receivable calculation: Not specifying principal, interest, and penalties properly weakens the claim.

• Neglecting deadlines: Missing statutory deadlines for objection, appeal, or seizure requests results in forfeiture of rights.

• Improper service of documents: Defects in notification can invalidate the entire proceeding.

Avoiding these mistakes is essential to ensure a smooth and effective enforcement process.

Initiating an enforcement proceeding requires choosing the correct type of proceeding, observing deadlines, and submitting complete evidence. Procedural errors prolong the process and work to the detriment of the creditor. For this reason, obtaining the support of an experienced attorney before initiating enforcement proceedings is of great importance.