Enforcement law in Turkey governs the enforcement routes that allow a creditor to collect a receivable through the state, the objection and complaint routes available to a debtor against those proceedings, and the actions connected with enforcement; the basic regulation is the Enforcement and Bankruptcy Code No. 2004. This guide summarizes the main types of enforcement proceedings, transactions and actions by subject group and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.
Which Steps Can Be Taken Before Enforcement Proceedings for a Receivable?
The debtor can be warned before enforcement proceedings by serving a notice (ihtarname); a notice is a written legal warning sent to its addressee concerning a right arising from a contract or from the law. A creditor who fears that the debtor will hide assets may apply for a provisional attachment, regulated in Articles 257 to 268 of the Enforcement and Bankruptcy Code; a provisional attachment limits the debtor's authority to dispose of the assets but does not by itself grant the right to request their sale.
- What Is a Notice? How Is a Notice Served through a Notary? (in Turkish)
- What Is a Provisional Attachment and How Is a Decision of Provisional Attachment Obtained? (in Turkish)
Which Assets Cannot Be Attached?
Because attaching all of a debtor's assets could produce results contrary to personality rights and public order, the law excludes certain assets that are necessary for the subsistence of the debtor and their family from attachment. Non-attachable and partially attachable assets are regulated in Articles 82 and 83 of the Enforcement and Bankruptcy Code.
- Non-Attachable Assets in Enforcement Law (in Turkish)
What Can Be Done If the Debtor Hides Assets?
An action for annulment of disposition (actio pauliana) makes it possible to collect the receivable by annulling the donations and collusive transactions that the debtor carried out to hide assets from creditors. As a rule, the action requires a genuine debt relationship between the creditor and the debtor, a finalized enforcement proceeding against the debtor, and a conclusive or provisional certificate of insolvency held by the creditor.
- Action for Annulment of Disposition (in Turkish)
What Happens If Rent Is Not Paid or the Tenant Does Not Vacate?
Enforcement proceedings with a request for eviction can be initiated for unpaid rent; eviction can also be requested on the basis of an eviction undertaking by which the tenant has undertaken in writing to vacate on a specific date. For dwellings and roofed workplaces, eviction can also be requested through an eviction action before the Magistrates' Court in Civil Matters (Sulh Hukuk Mahkemesi) instead of enforcement proceedings.
- Eviction of Leased Immovable Property through Litigation or Enforcement Proceedings (in Turkish)
- What Is an Eviction Undertaking? Precedent Decisions on Eviction Undertakings (in Turkish)
What Can Be Done through Enforcement If Maintenance Is Not Paid?
Unpaid maintenance can be the subject of enforcement proceedings. If the conditions in the law are met, coercive imprisonment of up to three months may also be ordered against the person obliged to pay maintenance upon the creditor's complaint.
- What Happens If Maintenance Is Not Paid? What Is the Penalty for Not Paying Maintenance? (in Turkish)
How Is an Enforcement or Case File Followed?
Enforcement and case files in which a person is a party can be viewed and examined through the UYAP Citizen Portal. Decisions of civil courts that are open to appeal can be brought before the Regional Court of Appeal.
- Inquiry and Examination of a Case File through the UYAP Citizen System (in Turkish)
- What Is the Appeal Route in Civil Cases and How Is an Appeal to the Regional Court of Appeal Filed? (in Turkish)
Is There a Separate Title of Enforcement Lawyer?
No. Enforcement lawyer is the name used for an attorney who handles enforcement proceedings and the actions connected with them; it is not a separate title.
Any attorney registered with a bar association is authorized to initiate enforcement proceedings, to use the objection and complaint routes and to handle cases before the Enforcement Court; Article 35 of the Attorneyship Law No. 1136 does not divide this authority by area of law. A search for an "enforcement lawyer in Ankara" therefore does not point to a title but to attorneys who conduct proceedings before the enforcement offices and Enforcement Courts in Ankara.
The same article also provides that anyone with capacity to sue may pursue their own matter in person; a creditor or a debtor can therefore conduct enforcement proceedings without an attorney. A person who cannot afford the costs may also request legal aid in enforcement proceedings; the request is made to the Enforcement Court of the place where the proceedings will be conducted (Articles 334 and 336 of the Code of Civil Procedure No. 6100).
Searches such as "debt collection lawyer in Ankara" or "the best enforcement lawyer" likewise do not point to a title or a rank but to attorneys who conduct debt collection and enforcement work; no institution ranks attorneys.
This article is for general information only and does not constitute legal advice.