What is Enforcement Proceedings in Turkey?

Execution proceedings are the process of enforcing court judgments or debts by state force.

The aim of this process:

• To ensure the implementation of court decisions,

• Protect the violated rights of individuals and institutions,

• To ensure the legal collection of receivables.

Debt collection in Turkey is only done through enforcement offices.

Collectorates (collection agencies) are illegal in Turkey and creating such a structure entails criminal liability.

**Types of Enforcement Proceedings in Turkey

In Turkey, enforcement proceedings can be initiated in two main ways:

1. Execution without Judgment (Without a Court Decision)

If the debt can be documented, enforcement can be initiated without a court order.

**2. Enforced Execution (By Court Order)

The court's decision is enforced through the enforcement office.

Can Foreign Court Judgments be Enforced in Turkey?

Yes, but recognition and enforcement is mandatory.

Judgment of a foreign court:

1. Must be recognized in Turkish courts,

2. Must be enforced (enforceability decision).

Once these procedures have been completed, the judgment can be enforced in Turkey by way of execution with execution.

**Documents for initiating enforcement proceedings

The following documents constitute the basis for enforcement proceedings in Turkey:

• Issued check

• Promissory Note

• Bono

• Invoice

• Customs documents

• Written sales contracts

These documents are official evidence proving the existence of the debt.

**In Which Cases Is Execution Without Execution?

In Turkey, the following types of enforcement can be enforced without a court order:

**✔ Execution without Execution by General Attachment

For general debt collection.

Execution Proceedings Specific to Bills of Exchange

It is the fastest method for checks, promissory notes and bonds.

Rent Collection and Eviction

For tenant arrears or eviction proceedings.

Collection of Mortgaged Receivables

Debt collection through the sale of mortgaged real estate.

**How the Enforcement Process Begins

1. Warning Notice (Notary Notification)

A notice is sent to the debtor through a notary to pay the debt.

However, a warning notice is not required for the following documents:

• Bank check

• Promissory Note

• Foreign court decision for which recognition and enforcement procedures have been completed in Turkey

With these documents, direct enforcement proceedings can be initiated.

2nd Application for Execution Proceedings

If the debt is not paid, the creditor applies to the enforcement office.

3. Payment Order Sent

The enforcement office sends a payment order to the debtor.

4. Appeal Period

The debtor has the right to object to the enforcement order within 7 days.

What to Do If You Collect Debt or Receive a Notice of Enforcement

For both creditors who want to collect debts and debtors who receive enforcement notices, the right step is professional lawyer support.

Our lawyers can help you to:

• Detailed information about the litigation and enforcement process

• Determination of rights and obligations

• Determining the best legal strategy

• Initiation or objection to enforcement proceedings

• Conducting the litigation process if necessary