- +90 532 768 36 61
- info@svkhukuk.com
Enforcement processes proceed within the triangle of time, procedure, and evidence. Missing even a single day can change the course of the file.
SVK Law, with its Izmir and Bursa offices, operates based on collection strategy, asset tracing, selection of the correct enforcement method, and error-free notification management.
Enforcement Law is the branch of law that ensures the collection of a debt from a debtor who does not pay voluntarily, upon the request of the creditor, using the power of the state.
Its main purpose is to ensure that debts arising from private law relationships are fulfilled by force through public authority. Without this system, creditors would try to take their rights on their own (self-help), leading to chaos in the social order.
The main source of Enforcement Law in Turkey is the Enforcement and Bankruptcy Law (EBL) No. 2004.
The Creditor The real or legal person who has a receivable from another due to a legal relationship. The party initiating the enforcement proceedings.
The Debtor The real or legal person obliged to fulfill a debt to the creditor but who fails to pay it on time voluntarily.
Enforcement Offices (Bailiff’s Offices) Official state bodies operating under the Ministry of Justice, conducting all necessary transactions for the collection of receivables. They are impartial and perform the transactions mandated by law.
The creditor or their attorney applies to the authorized Enforcement Office with a “request for enforcement.” The type of proceeding is determined based on whether a court decision proving the debt is available.
The Enforcement Office sends a “payment order” (for proceedings without judgment) or an “enforcement order” (for proceedings with judgment) to the debtor. This is an official warning containing the debt amount and the legal period for payment or objection (usually 7 days).
If the Debtor Pays: The file is closed.
If the Debtor Does Not Object and Does Not Pay: The proceeding becomes final. The state gains the authority to intervene in the debtor’s assets.
If the Debtor Objects (Only in Proceedings Without Judgment): The proceeding stops. The creditor must prove their right by filing a lawsuit for “Cancellation of Objection” or “Removal of Objection” in court.
Upon the creditor’s request after finalization, the debtor’s assets are legally seized. Major assets subject to seizure include:
Bank accounts
Salary (usually 1/4)
Real estate (house, land, etc.)
Vehicles
Shares and other securities
Valuable items in the home or workplace (non-essential for living)
Seized assets are sold, usually via auction, to convert assets into cash.
Proceeds are used to cover enforcement costs first, then paid to the creditor. If there are multiple creditors, money is distributed according to the rank in the law.
The most common type, initiated without a court verdict, based on documents like invoices, contracts, or receipts.
Suitable for: Invoice, contract, current account, service receivables.
Critical Timeline: The debtor can object within 7 days of notification; objection automatically stops the proceeding.
Creditor’s Remedy: Filing a lawsuit for Removal of Objection (Enforcement Court) or Cancellation of Objection (Civil Court).
Initiated based on a court verdict or a document deemed as a verdict by law (e.g., Notary deed).
Key Feature: The debtor cannot object to the existence of the debt (since it is already decided by a court). The proceeding does not stop with an objection.
A faster, special method for debts based on checks, promissory notes, and policies.
Suitable for: Negotiable instruments.
Timeline: The debtor must object/complain to the Enforcement Court within 5 days. The payment period is 10 days. Objection does not automatically stop the proceeding.
Importance: Proceeding is faster, but form requirements (signature chain, presentation) are very strict.
Rule: If the debt is secured by a pledge/mortgage, the creditor must primarily resort to the foreclosure of the pledge (Lex Commissoria). If the pledge value is insufficient, general seizure is possible.
Timeline: 7 days to object, 30 days to pay.
Process: If no payment is made within 30 days, the creditor requests an eviction order from the Enforcement Court within 6 months.
Critical Detail: An eviction request cannot be made before the 30-day payment period expires.
A court-ordered temporary seizure to guarantee collection if there is a risk of the debtor hiding assets.
Strategy: In high-risk files, requesting an interim attachment before or simultaneously with the proceeding creates a significant advantage.
Bankruptcy: Liquidation process for merchants/companies subject to bankruptcy. Concordat (Composition with Creditors): Restructuring of the debtor under court supervision. SVK Law manages concordat feasibility, improvement projects, creditor classification, and negotiation processes with technical teams.
Contract / Invoice / Account Statement / Reconciliation emails
Original Check / Promissory Note (for Bills of Exchange)
Mortgage/Pledge documents (for secured debts)
Lease agreement, Notices of Default (for eviction)
Notification receipts (to establish timelines)
Information for asset tracing (License plate, Title deed info, Bank info)
Objection to General Enforcement: 7 days (Enforcement Office).
Objection to Bills of Exchange: 5 days (Enforcement Court).
Rent/Eviction: 7 days objection / 30 days payment.
Complaint against Tender (Auction): Generally 7 days.
In general enforcement, the proceeding stops. The creditor will file a lawsuit for “Removal of Objection” or “Cancellation of Objection.”
To the Enforcement Court within 5 days.
Generally No. You must first apply for the foreclosure of the mortgage/pledge.
Yes. If payment is not made within the 30-day period, an eviction order can be requested.
SVK Law provides specialized expertise in Enforcement Law with its Izmir and Bursa offices.
We focus on the following in every file:
File Pre-assessment & Risk Scoring: Debtor asset profile and collateral analysis.
Selection of the Best Method: General seizure / Bill of exchange / Mortgage / Eviction.
Preventive Moves: Interim attachment and evidence chain against asset hiding.
Sale & E-Auction Management.
Corporate Collection KPIs & Monthly Reporting.
Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.
Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.
Expertise in uncontested and contested divorce, custody, alimony, matrimonial property regimes, and domestic protection orders.
Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.
Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.
Effective defense during investigation and prosecution stages; legal representation in detention, arrest, judicial control, and appeal processes.
You can learn about your legal processes by browsing our Frequently Asked Questions page. Additionally, you can submit your inquiries to us by clicking the "Contact Us" button below.
Let’s determine together how your legal future will be shaped by contacting us.
