Practice Area
Alanya Debt Enforcement Lawyer
An Alanya debt enforcement lawyer represents creditors or debtors in matters governed by the Turkish Enforcement and Bankruptcy Code No. 2004 (İİK), such as collecting receivables through enforcement proceedings, objections to enforcement, attachment (haciz), annulment or removal of objections, negative declaratory actions and actions for restitution. At Sophos Law Firm, the choice of enforcement route, the calculation of time limits and the enforcement court stages are handled by Att. Hüseyin Aydın.
Debt relationships in Alanya may involve commercial receivables arising from tourism and construction, debts arising from real estate and rental transactions, and parties who are foreign nationals or live abroad. Where part of the debtor’s assets is located in another country or the creditor is outside Türkiye, the service address, the power of attorney and the monitoring of time limits become especially important. Because time limits in enforcement law are mostly measured in days, the first assessment is to determine which time limit is running.
The Framework of Enforcement Law in Alanya
Enforcement proceedings for a money debt or for security begin with a request filed with the enforcement office and proceed by way of attachment, realisation of a pledge or bankruptcy (İİK Art. 42). The request must state the amount of the claim, the interest and the date from which it runs, the exchange-rate date if the claim is in foreign currency, the instrument or cause of the debt and the chosen enforcement route (İİK Art. 58). If the proceedings are based on a court judgment, they are judgment-based (ilamlı); otherwise they are non-judgment (ilamsız) proceedings. This page covers non-judgment and judgment-based proceedings, proceedings specific to bills of exchange, realisation of pledges, rent and eviction proceedings, bankruptcy and concordat (konkordato) procedures, and the related court proceedings.
Matters Handled in This Area
Non-Judgment Proceedings, Payment Order and Objection
If the enforcement office finds that the request meets the requirements, it issues a payment order warning the debtor to pay within seven days or to raise an objection within the same period (İİK Art. 60). The debtor must notify the enforcement office of the objection within seven days of service of the payment order; if only part of the debt is disputed, the scope of the objection must be stated clearly (İİK Art. 62). A timely objection stops the proceedings; if no objection is raised, enforcement continues for the full claim (İİK Art. 66). The debtor must also give an address in Türkiye together with the objection (İİK Art. 62/3).
Removal of the Objection and Annulment of the Objection
After an objection, the creditor has two separate routes:
- Removal of the objection (enforcement court): If the proceedings are based on an instrument containing an acknowledgment of debt whose signature has been acknowledged or certified by a notary, or on an official receipt or document, the creditor may request removal of the objection within six months of service of the objection; if this is not requested within that period, new non-judgment proceedings cannot be initiated (İİK Art. 68). If the debtor has denied the signature on the instrument, the provisional removal procedure applies (İİK Art. 68/a).
- Annulment of the objection (general court): Within one year of service of the objection, the creditor may file an action in court for annulment of the objection by proving the existence of the claim (İİK Art. 67).
Which route is appropriate depends on the nature of the available documents and on the time limits. For evidentiary issues concerning invoices, Ba forms and the presumption of delivery in commercial receivables, see the article Invoices, Ba Forms and the Presumption of Delivery in Commercial Relations.
Attachment and Sale Stage
Once the period in the payment order has expired, or, if an objection was raised, once it has been removed, the creditor may request attachment; the enforcement office carries out the attachment within three days of the request at the latest (İİK Art. 78, 79). The right to request attachment lapses one year after service of the payment order; the duration of any objection or lawsuit is not counted (İİK Art. 78). The creditor may have the debtor’s assets, rights or receivables searched through the National Judiciary Informatics System (UYAP) (İİK Art. 78/1). Attachment is limited to an amount sufficient to cover the claim (İİK Art. 85); for receivables held by third parties, an attachment notice is sent, and the third party must raise any objection within seven days of service (İİK Art. 89). For attachment in a residence, the enforcement officer’s decision is submitted for approval to the enforcement court (İİK Art. 79/a). In the sale stage, İİK Art. 114 was amended by Law No. 7589 on 31/7/2026; for the current provisions on security deposits and failure to pay the auction price, see the article on the 12th Judicial Package.
Proceedings Specific to Bills of Exchange
A creditor holding a cheque, bill of exchange or promissory note may initiate proceedings by way of attachment or (if the debtor is subject to bankruptcy) bankruptcy under the special rules of this section; the original bill must be attached to the request (İİK Art. 167). In attachment proceedings, the debtor is warned to pay within ten days, or to apply to the enforcement court within five days to object to the bill’s character as a negotiable instrument, to the signature or to the debt (İİK Art. 168). An objection to the debt does not stop steps other than the sale (İİK Art. 169); a separate procedure applies to objections to the signature (İİK Art. 170). Since the time limits in bill-based proceedings are shorter than in general non-judgment proceedings, the date of service is determined carefully.
Negative Declaratory Action and Restitution
Before or during the proceedings, the debtor may file a negative declaratory action to prove that no debt is owed. In an action filed before the proceedings, the court may, against security, issue an interim injunction suspending the enforcement proceedings; in an action filed afterwards, instead of suspension it may be requested that the money in the enforcement office’s account not be paid to the creditor (İİK Art. 72). A person who had to pay money not owed because no objection was made or the objection was removed may file an action for restitution within one year of the payment date (İİK Art. 72). These actions may be filed at the court where the enforcement office conducting the proceedings is located or at the court of the defendant’s domicile.
Precautionary Attachment
For a due money debt not secured by a pledge, assets held by the debtor or by third parties may be attached as a precaution. For a debt not yet due, it may be requested only in cases listed in the law, for example if the debtor has no domicile or is preparing to conceal or smuggle assets or to leave the country (İİK Art. 257). The creditor must show the claim and the ground for attachment with evidence satisfying the court and, if the claim is not based on a judgment, must provide security (İİK Art. 258, 259). If enforcement of the decision is not requested within ten days of its date, the decision lapses automatically (İİK Art. 261); where attachment is imposed before an action or proceedings are started, proceedings or an action must be initiated within seven days (İİK Art. 264).
Parties Living Abroad or Foreign Nationals
If the creditor resides abroad, the request must state a domicile in Türkiye; if none is given, the location of the enforcement office is deemed the domicile (İİK Art. 58). Proceedings may be conducted through an attorney; the form of the power of attorney and the legalisation procedures depend on the country where the party is located. If the debtor is abroad, the payment order and other notifications are subject to the rules on service abroad in the Notification Law (Tebligat K.) (İİK Art. 57; Tebligat K. Art. 25, 25/a); the duration of these procedures matters for the start of the objection period. For other legal matters concerning foreign nationals, see the Alanya Immigration and Foreigners Law page.
Judgment-Based Proceedings and Enforcement Order
Enforcement orders are sent for court judgments and documents having the force of a judgment; judgment-based proceedings for money claims, delivery of movables, eviction from real property and other obligations are conducted, and objections to the enforcement order based on payment, extension or limitation, as well as requests to stay enforcement, are pursued (İİK Art. 24-41).
Proceedings for the Realisation of a Pledge
For claims secured by a mortgage deed, a mortgage certificate or a pledge over movables, proceedings for the realisation of the pledge are initiated; objections to the payment order on behalf of the debtor or the owner of the property and the sale stage are handled (İİK Art. 145 et seq.).
Rent Claims and Eviction Proceedings
Proceedings are conducted for unpaid rent with a payment order containing an eviction warning, the thirty-day payment period is monitored and eviction is requested from the enforcement court; non-judgment eviction proceedings based on a written undertaking to vacate are also handled (İİK Art. 269-269/d, 272).
Bankruptcy Proceedings and Bankruptcy Actions
Bankruptcy proceedings and direct bankruptcy requests against debtors subject to bankruptcy, filing claims with the bankruptcy estate, and actions on the admission of claims and against the ranking table are conducted on behalf of creditors or debtors (İİK Art. 154 et seq., 177, 235).
Concordat (Konkordato) Procedures
On behalf of creditors of companies applying for concordat, claims are filed during the temporary and definitive moratorium, objections to the concordat project are raised and the confirmation hearing is attended; the debtor’s application is also prepared (İİK Art. 285 et seq.).
Third-Party Ownership Claims (İstihkak)
Where it is claimed that an attached asset belongs to a third party rather than the debtor, an ownership claim action is filed and pursued at the enforcement court on behalf of the third party or the creditor (İİK Art. 96-99).
Exempt Assets, Salary Attachment and Complaints
Objections concerning assets exempt from attachment and the attachable portion of salaries and wages, as well as complaints to the enforcement court against unlawful enforcement steps, are prepared (İİK Art. 16, 82, 83).
Annulment of an Auction
Where irregularities are alleged in sales conducted by the enforcement or bankruptcy office, an action for annulment of the auction is filed at the enforcement court on behalf of the buyer, creditor, debtor or other interested parties, or a defence is conducted against such actions (İİK Art. 134).
Ranking Table and Distribution of Proceeds
Where the sale proceeds are distributed among several creditors, a complaint or an action against the ranking table is filed within seven days of service and pursued (İİK Art. 138-142).
Actions to Set Aside Fraudulent Transactions
To set aside transactions made by the debtor to put assets beyond the reach of creditors, such as gifts, gratuitous or sham transfers, an action to set aside the transaction is filed on the basis of a definitive or provisional certificate of insufficiency (İİK Art. 277-284).
Enforcement of Maintenance and Compensation Judgments
Enforcement of maintenance and compensation judgments, requests to attach salaries and wages for maintenance claims, and complaints to the enforcement criminal court for breach of maintenance obligations are handled (İİK Art. 83, 344).
Recognition and Enforcement of Foreign Court and Arbitral Awards
To enforce judgments and arbitral awards rendered abroad in Türkiye, an action for recognition and enforcement is filed; after the enforcement decision, judgment-based proceedings are initiated (Code on Private International and Procedural Law No. 5718 (MÖHUK) Art. 50-63).
Time Limits, Legal Bases and Competent Authorities in Enforcement Proceedings
| Step / type of action | Legal basis | Competent authority | Critical time limit |
|---|---|---|---|
| Objection to payment order (non-judgment proceedings) | İİK Art. 60, 62, 66 | Enforcement office | 7 days from service of the payment order |
| Removal of objection (document-based claim) | İİK Art. 68, 68/a | Enforcement court | 6 months from service of the objection |
| Action for annulment of objection | İİK Art. 67 | Civil court of first instance or (in commercial cases) commercial court of first instance | 1 year from service of the objection |
| Request for attachment | İİK Art. 78 | Enforcement office | 1 year from service of the payment order (excluding objection/lawsuit period) |
| Third-party objection to attachment notice | İİK Art. 89 | Enforcement office | 7 days from service |
| Proceedings based on a bill of exchange (attachment route) | İİK Art. 167-169 | Enforcement office; enforcement court for objections and complaints | Payment 10 days; objection/complaint 5 days |
| Objection to enforcement order based on limitation/payment in judgment-based proceedings | İİK Art. 32, 33 | Enforcement court | 7 days from service of the enforcement order |
| Complaint against enforcement acts | İİK Art. 16 | Enforcement court | 7 days from learning of the act |
| Precautionary attachment | İİK Art. 257-265 | Competent court (İİK Art. 50, HMK) | Enforcement request 10 days; proceedings/action 7 days; debtor’s objection 7 days |
| Negative declaratory action / restitution | İİK Art. 72 | Civil or commercial court of first instance | Restitution: 1 year from the payment date |
| Pre-trial mediation (commercial cases) | TTK Art. 5/A | Mediation office | Mediator 6 weeks (+2 weeks) |
Most of the time limits above are peremptory; missing them may result in the enforcement proceedings becoming final or in the loss of the right to sue. In each file, the start of the time limit is calculated separately on the basis of the dates of service.
How the Process Works
- Review of documents and dates: Bills, invoices, contracts, correspondence and any earlier enforcement files are reviewed; it is determined whether the claim is due and which time limits are running.
- Choice of enforcement route: It is assessed for the specific file whether general non-judgment attachment proceedings, bill-based proceedings, precautionary attachment or a direct lawsuit is appropriate.
- Proceedings and objection stage: The enforcement request is prepared; after service of the payment order, it is monitored whether an objection is raised.
- Court stage: The appropriate application, such as removal of the objection, annulment of the objection or a negative declaratory action, is made within the time limit; in commercial disputes, the mandatory pre-trial mediation requirement is also assessed.
- Attachment and sale: The attachment request, asset searches and sale steps, as well as appeals after the decision, are followed up.
Competent Authority and Jurisdiction
Complaints and objections against the acts of enforcement offices are examined by the enforcement court judge (İİK Art. 4). In general-court actions such as annulment of an objection and negative declaratory actions, the civil court of first instance has jurisdiction regardless of the amount in dispute (Code of Civil Procedure (HMK) Art. 2); in disputes relating to the commercial enterprises of both parties or deemed commercial by law, the commercial court of first instance has jurisdiction (Turkish Commercial Code (TTK) Art. 4, 5). As regards venue, the HMK venue rules apply by analogy to enforcement proceedings; the enforcement office at the place where the underlying contract was concluded also has jurisdiction (İİK Art. 50). The general venue is the defendant’s domicile (HMK Art. 6); actions arising from contracts may also be filed at the court of the place of performance (HMK Art. 10). An objection to venue must be raised together with the objection on the merits (İİK Art. 50). In files concerning real estate and business premises in Alanya, proceedings are in practice usually conducted before the enforcement offices and courts in Alanya.
Documents to Prepare for the File
- Bills, cheques, invoices, contracts, delivery notes or proof of delivery on which the claim is based
- Payment records, account statements and correspondence (e-mail, messages, formal notices)
- Any earlier enforcement file, payment order and service documents, including the return of service showing the date of service
- The debtor’s identity or tax details, known addresses and information on their assets
- For parties living abroad: a power of attorney and details of the domicile to be given in Türkiye
- For foreign nationals: passport/identity details and a service address
Working Method
In enforcement files, the first step is to determine the running time limits and the enforcement route. The proceedings, objection, court and attachment stages are handled by the same office. For information on the founder of the firm, see the Att. Hüseyin Aydın page; for other work on commercial disputes, see the Alanya Commercial Law page. For an assessment of your file, you can use the contact page.
Sophos Law Firm · Att. Hüseyin Aydın (Antalya Bar Association Registration No 2511)
Güneş Apartmanı, Güllerpınarı Mahallesi Asım Tokuş Bulvarı, Karabüllü Sk. No:2, 07400 Alanya/Antalya · +90 530 336 16 79
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Frequently Asked Questions
Your Questions
For money debts, the venue rules of the Code of Civil Procedure (HMK) apply by analogy; as a general rule, the enforcement office at the debtor’s domicile has jurisdiction. The enforcement office at the place where the underlying contract was concluded also has jurisdiction (İİK Art. 50). The place of performance of the contract is also considered for venue. An objection to venue is raised together with the objection on the merits.
In general non-judgment proceedings, the debtor must notify the enforcement office of the objection within seven days of service of the payment order (İİK Art. 62). A timely objection stops the proceedings; if no objection is made, the proceedings continue (İİK Art. 66). In proceedings based on bills of exchange, the time limit for objections and complaints is five days (İİK Art. 168). The time limit starts from the date of service.
If the claim is based on a qualifying document, the creditor may ask the enforcement court to remove the objection within six months of its service (İİK Art. 68). The creditor may also file an action for annulment of the objection within one year of its service (İİK Art. 67). Which route to choose depends on the nature of the document on which the claim is based; in commercial disputes, the mediation requirement is also assessed.
Yes. The right to request attachment lapses one year after service of the payment order; in case of an objection or lawsuit, the time from its start until the judgment becomes final is not counted (İİK Art. 78). If attachment is not requested within this period, the file is closed and a renewal request is required. Once attachment is requested, the enforcement office carries it out within three days (İİK Art. 79).
Yes. In attachment proceedings specific to bills of exchange, the debtor is given ten days to pay and five days to object to the bill’s character as a negotiable instrument, to the signature or to the debt; these objections are filed with the enforcement court (İİK Art. 168). Since the time limits differ from general non-judgment proceedings, the type of proceedings is identified from the warning in the payment order and the date of service.
Before or during the proceedings, the debtor may file a negative declaratory action to prove that no debt is owed (İİK Art. 72). A person who had to pay money not owed because no objection was made or the objection was removed may file an action for restitution within one year of the payment date. Objecting to the payment order within seven days is also important; if this period is missed, the right to object can, as a rule, no longer be exercised (subject to late objection under İİK Art. 65).
Yes; the proceedings can be conducted through an attorney. If the creditor resides abroad, the request states a domicile in Türkiye; if none is given, the location of the enforcement office is deemed the domicile (İİK Art. 58). The form of the power of attorney and the legalisation procedures depend on the country where the creditor is located. Preparing the documents in advance avoids loss of time with regard to the time limits.
Even for a debt not yet due, precautionary attachment may be requested if the debtor is preparing to conceal or smuggle assets or to flee (İİK Art. 257). The creditor must show the claim and the ground for attachment with evidence satisfying the court and, where required, provide security (İİK Art. 258, 259). Enforcement must be requested within ten days after the decision (İİK Art. 261).
The information on this page is for general information purposes only and does not constitute legal advice or counsel. Each case must be assessed on its own circumstances.