Objecting to Enforcement Proceedings in Yalova: The Seven-Day Period and Annulment of the Objection

In enforcement without a judgment, the debtor is served with a payment order. If the debt is not objected to, the proceeding may become final, so the time limit is critical. This article offers a general overview for people in Yalova and does not replace an assessment of your specific case.

1. What does the payment order say?

The payment order states that the debt and costs must be paid within seven days and that any objection to the debt or to the creditor's right to proceed must be raised within the same period (Enforcement and Bankruptcy Law, EBL Art. 60). Check its content and the date of service carefully.

2. How to object

• The objection is submitted to the enforcement office by petition or orally within seven days of service of the payment order (EBL Art. 62).
• If you object to only part of the debt, you must clearly state which part and amount; otherwise the objection is deemed not made.
• If the signature on the instrument underlying the proceeding is not yours, this must be stated separately and clearly in the objection.
• The debtor or their representative must give an address in Turkey with the objection.

3. Effect of the objection

The proceeding stops. Within one year of service of the objection, the creditor may apply to the court and sue for annulment of the objection by proving the claim (EBL Art. 67). If this period is missed, the creditor may still sue on the claim under the general rules.

4. Risk of compensation

In an annulment action, if the debtor's objection is found unjustified, the debtor, or if the creditor is found unjust and in bad faith in the proceeding, the creditor, may be ordered at the other party's request to pay compensation of no less than twenty percent of the rejected or awarded amount (EBL Art. 67/2). Whether objecting or suing, a sound basis matters.

5. Practical tips

• Keep the notification and envelope; count the period from the date of service.
• If objecting to part of the debt, state the part and amount clearly.
• Seek legal advice before the period runs.

See also our article on notifications and time limits, the Yalova guide, and our appointment and contact pages.

This article is for general information only and is not legal advice.