Enforcement and Insolvency Law

In enforcement law, what determines the outcome is the document on which the claim is based and the enforcement route chosen. Choosing the wrong enforcement route can send the process back to the start, even if the claim is justified. Our firm conducts enforcement proceedings and related court actions on behalf of both creditors and debtors.

Below you will find how the enforcement routes differ, the time limits for objections and complaints, which matter is handled by which authority, and answers to frequently asked questions.

What enforcement routes are there and how do they differ?

• Enforcement without a prior judgment (ilamsız takip). It can be initiated even without being based on a document. A payment order is served on the debtor; if the debtor objects within seven days, the proceedings stop automatically.
• Enforcement of a court judgment. It is based on a court judgment or a document having the force of a judgment. The debtor's objection does not stop the proceedings; however, if the conditions are met, a stay of enforcement may be requested.
• Special enforcement for bills of exchange and cheques. It is based on cheques, promissory notes and bills of exchange. The time limit for objecting to the payment order is five days and, as a rule, an objection does not stop the proceedings; the objection is examined by the enforcement court.
• Enforcement by realisation of a pledge. It is used for claims secured by a mortgage or by a pledge over movable property.
• Eviction from leased immovable property. In proceedings initiated for rent receivables, if no objection is made to the payment order within the time limit and the debt is not paid, eviction may be requested from the enforcement court.

How do the time limits for objections, complaints and actions work?

• Objection to the payment order. The time limit is seven days in enforcement without a prior judgment and five days in special enforcement for bills of exchange and cheques. If no objection is made within the time limit, the proceedings become final.
• Action to annul the objection (itirazın iptali). The creditor may bring an action to annul the objection before the courts of general jurisdiction within one year of service of the objection; in the case of an unjustified objection, compensation for bad-faith denial of debt (icra inkâr tazminatı) may be claimed.
• Removal of the objection (itirazın kaldırılması). If the claim is based on one of the documents listed in the law, the creditor may apply to the enforcement court within six months of service of the objection.
• Negative declaratory action and action for restitution. The debtor may bring a negative declaratory action for a declaration that no debt is owed; once payment has been made, an action for restitution comes into consideration.
• Complaint. As a rule, the time limit for filing a complaint with the enforcement court against acts of the enforcement office is seven days; cases in which a complaint may be filed without any time limit, such as failure to give effect to a right, are an exception.

To avoid confusing the objection time limits, see our article Time limit for objecting to a payment order: 7 days or 5 days? (in Turkish).

Salary attachment and property exempt from attachment

Attachment does not extend to all of the debtor's assets; the law lays down limits that protect the minimum living conditions of the debtor and their family.

• Attachment of salaries and wages. When salaries, wages and similar income are attached, the part remaining after deduction of the amount necessary for the maintenance of the debtor and their family is attached; the amount to be attached cannot be less than one quarter of the salary (art. 83 of the Enforcement and Bankruptcy Law (İİK)). Attachments made for maintenance claims take priority over other attachments.
• Retirement pension. Retirement pensions paid by the Social Security Institution (SGK) cannot, as a rule, be attached, except for maintenance debts and receivables of the Institution (art. 93 of Social Insurance and General Health Insurance Law No. 5510).
• Property exempt from attachment. Household goods essential for the use of the debtor and the family members living with them, the tools and equipment necessary for the debtor to continue their profession, and a home appropriate to the debtor's circumstances cannot be attached (İİK art. 82).
• Objection to attachment. If property exempt from attachment is attached, a complaint may be filed with the enforcement court within seven days of learning of the attachment.

When is precautionary attachment requested?

Precautionary attachment (ihtiyati haciz) is a form of temporary legal protection used to prevent the debtor from disposing of their assets before enforcement of the claim has been concluded (İİK art. 257).

• Conditions. As a rule, a matured monetary claim that is not secured by a pledge is required. It may also be requested for claims that have not yet matured if the debtor has no fixed domicile or is preparing to remove or conceal their assets or to abscond.
• Security. The court requires the creditor to provide security against the damage that would arise if the creditor's claim proves to be unjustified.
• Time limits. Enforcement of the precautionary attachment order must be requested from the enforcement office within ten days of the date on which the order was issued. If enforcement proceedings are not initiated or an action is not brought within seven days after the attachment has been enforced, the attachment lapses automatically (İİK art. 261, 264).
• Objection. The debtor may object to the precautionary attachment order within seven days (İİK art. 265).

For details of the strict time limits, see our article Precautionary attachment: conditions and strict time limits (in Turkish).

What can be done if the debtor has transferred their assets?

If the debtor transfers their assets to relatives in order to harm their creditors, an action to set aside fraudulent transfers (tasarrufun iptali davası) comes into consideration (İİK art. 277-284).

• Precondition. As a rule, the creditor must hold a final or provisional certificate of insufficient assets (aciz belgesi), or the debtor must have been declared bankrupt.
• Transfers that can be set aside. Gifts and dispositions equivalent to gifts, certain transactions made during a period of over-indebtedness, and transactions made with the intention of harming creditors where the other party knew of this intention.
• Time limit. The action must be brought within five years of the date on which the transfer sought to be set aside was made.
• Result. Following a judgment setting aside the transfer, the transferred property may be attached and sold to the extent of the creditor's claim, even if it remains in the ownership of the third party.

How does the concordat process work?

A concordat (konkordato), or composition with creditors, is a route that enables a debtor who is unable to pay their debts when due, or who is at risk of being unable to pay them, to avoid bankruptcy by reaching agreement with their creditors on payment terms and reductions (İİK art. 285 et seq.).

• Temporary moratorium. Upon application, the commercial court of first instance grants a temporary moratorium of three months; if necessary, this period may be extended by up to two months.
• Definitive moratorium. If it appears likely that the concordat can be achieved, a definitive moratorium of one year is granted; if necessary, this period may be extended by up to six months.
• Stay of enforcement proceedings. During the moratorium, no enforcement proceedings may be brought against the debtor, subject to certain exceptions for claims secured by a pledge, and proceedings already initiated are stayed.
• What creditors must do. Creditors must register their claims within the period stated in the commissioner's announcement and take part in the vote at the creditors' meeting.

For creditors in the supply chain of manufacturing companies in Kocaeli and Sakarya, it is particularly important to notice a customer's concordat application early and to register the claim within the time limit.

Annulment of the auction and sale in the partition of co-owned property

• Annulment of the auction. Participants in the auction and interested parties may raise irregularities concerning the auction before the enforcement court within seven days of the date of the auction or, in the case of interested parties, of the date on which they learned of them; in any event, this right lapses one year after the date of the auction (İİK art. 134).
• First auction among heirs. Law No. 7589, which entered into force on 31 July 2026, provides that, in a sale for the partition of co-owned property (ortaklığın giderilmesi) in which all co-owners acquired their shares through inheritance, the first auction is to be held only among the heirs who own the property. For details, see our Inheritance Law page.

What work do we carry out?

• Initiating enforcement proceedings with and without a prior judgment, and making the proceedings final
• Conducting proceedings by way of special enforcement for bills of exchange and cheques
• Conducting proceedings for the realisation of mortgages and of pledges over movable property
• Bringing actions to annul the objection and for removal of the objection
• Conducting negative declaratory actions and actions for restitution
• Following attachment, safekeeping and sale procedures, and objecting to valuations
• Preparing requests for the annulment of auctions
• Pursuing third-party ownership claims and actions to set aside fraudulent transfers
• Handling bankruptcy and concordat applications, and taking part in the process as a creditor
• On the debtor side, preparing instalment arrangements and defences of discharge by payment and limitation

Types of cases we handle

• Debt recovery proceedings: proceedings based on invoices, current accounts, contracts and private written instruments
• Bills of exchange and cheque files: proceedings on cheques and promissory notes, and complaints concerning uncovered cheques
• Mortgage and pledge files: realisation of mortgages securing residential and commercial loans
• Tenancy and eviction files: enforcement of rent receivables and eviction through enforcement proceedings
• Proceedings arising from family law: enforcement of maintenance claims and complaints of non-compliance with a maintenance order
• Bankruptcy and concordat files: bankruptcy petitions, concordat moratoriums, registration of claims and objections to the ranking table of creditors

Which authorities handle enforcement matters on Istanbul's Anatolian side, in Kocaeli and in Sakarya?

Enforcement proceedings begin at the enforcement office; when a dispute arises, the enforcement court or the courts of general jurisdiction come into play. The enforcement office at which proceedings are to be initiated is determined by the rules on jurisdiction, and the enforcement office of the debtor's domicile has jurisdiction in all cases.

• The enforcement offices and the civil and criminal enforcement courts at the Istanbul Anatolian Courthouse and the Istanbul Courthouse
• The enforcement offices and enforcement courts at the Kocaeli, Gebze and Sakarya courthouses
• The civil courts of first instance or the commercial courts of first instance for actions to annul the objection, negative declaratory actions and actions to set aside fraudulent transfers
• The commercial courts of first instance for bankruptcy and concordat applications
• The relevant land registry offices and the electronic sales portal for the sale of attached immovable property
• The Istanbul and Sakarya Regional Courts of Appeal for appeals (istinaf)

For pre-action mediation and formal notice procedures for commercial receivables, see our Corporate and Commercial Law page, and for rent receivables and eviction, our Real Estate and Tenancy Law page.

Related practice areas

• Real Estate and Tenancy Law: eviction and rent disputes
• Corporate and Commercial Law: commercial receivables and company disputes
• Tax Law: tax collection and managers' liability for tax debts

To send us information about enforcement proceedings, an attachment or a concordat process of yours on Istanbul's Anatolian side, in Kocaeli or in Sakarya, you can use our contact page or make an appointment at our office in Kadıköy.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.