What Is an Enforcement Proceeding?

An enforcement proceeding is a legal process initiated by creditors to collect outstanding debts.
In Turkey, there are two types of enforcement procedures:

• Non-judicial enforcement (ilamsız icra): Initiated without a court decision
• Judicial enforcement (ilamlı icra): Based on an existing court ruling

Enforcement proceedings and related legal processes require careful handling and specialized legal expertise.

Stages of Enforcement and Legal Procedures

• Initiating Enforcement:
  The creditor applies to the enforcement office (icra dairesi) to start the proceeding.
• Notification of Payment Order:
  The debtor receives a payment order and has 7 days to object or make the payment.
• If No Objection Is Made:
  If the debt remains unpaid and no objection is filed, seizure (haciz) of the debtor’s assets may begin.
• Debtor’s Right to Object:
  If the debtor believes the enforcement is unjustified, they can file a negative declaratory lawsuit (menfi tespit davası) to contest the claim.

What to Do in Case of Unjust Enforcement?

If enforcement proceedings are initiated against you without a valid debt, you can file an objection at the enforcement office within 7 days by submitting a written petition.
You may also file a negative declaratory lawsuit to prove that the claimed debt does not exist.

For Turkish Citizens Living in the Netherlands

Turkish citizens residing in the Netherlands can manage enforcement cases in Turkey through attorneys without being physically present.
By issuing a power of attorney document (vekaletname), they can monitor the legal process remotely and protect their rights.