The Debtor Objected to the Enforcement Proceeding: Removal of the Objection for the Creditor (Arts. 68 and 68/a)

When a debtor objects to the payment order, the enforcement proceeding stops. If the creditor holds a document of a certain kind, they can ask the enforcement court to remove the objection instead of bringing an action in the general court. The Enforcement and Bankruptcy Code (İİK) provides two separate routes: definitive removal of the objection in Art. 68 and provisional removal of the objection in Art. 68/a. This article summarises the conditions and risks of both.

1. Which document, which route?

Route	Underlying document	Result
Definitive removal (Art. 68)	An instrument containing an acknowledgement of debt whose signature is admitted or notarised; or a receipt or document issued by official offices or competent authorities within their powers and in due form	The objection is removed definitively
Provisional removal (Art. 68/a)	A private instrument where the debtor denied the signature when objecting	The objection is removed provisionally

2. Time limit: six months from notification of the objection

On both routes the creditor must apply to the enforcement court within six months from the date the objection was notified to them (Art. 68/1, Art. 68/a/1). Under Art. 68, if removal of the objection is not requested within this period, the creditor cannot start a new non-judgment proceeding. Missing the deadline therefore closes the non-judgment route for the same claim.

3. Definitive removal (Art. 68)

• If the debtor cannot produce any document that would make the objection well founded, the enforcement court removes the objection.
• If the objection itself rests on the instrument, receipt or document the creditor relies on, the request for removal is rejected.
• If the debtor is being pursued for a debt of a deceased person and claims the estate is insolvent, they are given a reasonable time to bring a court judgment on this point. Apart from this, claims and defences raised on whether to accept or reject the request cannot be treated as a preliminary issue.
• The document must contain an unconditional acknowledgement of debt. The 12th Civil Chamber of the Court of Cassation has stated that a pledge agreement having been delivered at a notary is not on its own enough to treat it as one of the documents in Art. 68; the agreement must contain an unconditional acknowledgement of debt (E.2022/8405, K.2023/1215). The same chamber treated the creditor's application as one for removal of the objection in a case where the claim could not be proved by an Art. 68 document and the debtor did not accept the debt (E.2017/2115, K.2018/5871).

4. Provisional removal (Art. 68/a) and signature examination

• If the instrument underlying the proceeding is a private one and the debtor denied the signature when objecting, the creditor may ask for provisional removal. The enforcement judge hears both parties.
• If the debtor is within the territorial jurisdiction of the enforcement office conducting the proceeding, they must attend the hearing in person unless they have notified and substantiated an excuse beforehand. A debtor served with the payment order outside that jurisdiction is under the same obligation if examination by letters rogatory is ordered.
• The signature is examined by comparison with a specimen signature if available, otherwise with writing and a signature the debtor is made to produce, or from other evidence and presumptions. The judge may also order an expert examination if necessary.
• If the court concludes that the signature belongs to the debtor, the objection is removed provisionally. Provisional removal does not mean the debt is definitively established; the debtor may afterwards bring an action for release from debt, a negative declaratory action or an action for recovery.
• If the debtor admits the signature they denied at the hearing and at the latest at the session in which the creditor produces the original instrument, no fine is imposed and procedural costs are not charged to them; if they caused the proceeding in bad faith, they bear the costs.

5. Fine and compensation risks

Situation	Sanction
Definitive removal: the creditor denies the signature on the document the debtor relies on, but it is found to be the creditor's	The request is rejected; the creditor is fined ten per cent of the value or amount the document concerns (Art. 68)
Provisional removal: the signature is found to be the debtor's	The debtor is fined ten per cent of the claim in the proceeding (Art. 68/a)
Provisional removal: the debtor does not attend the hearing without excuse (if stated in the summons)	The objection is removed provisionally without examining anything else, and a ten per cent fine is imposed
The removal request is accepted (against the debtor) or rejected (against the creditor)	The losing party is ordered, on the other party's request, to pay compensation of not less than twenty per cent

The law gives some protection against these fines and compensation: if the debtor brings a negative declaratory or recovery action, or the creditor brings an action in the general court, enforcement of the compensation awarded is postponed until the end of the action, and the earlier compensation lapses in favour of the party who wins. See our article on the negative declaratory action and recovery of payment for details.

6. How it differs from the action for annulment of the objection

A creditor who has no document of this kind cannot ask the enforcement court to remove the objection; in that case the action for annulment of the objection in the general court comes into play. For the general framework after an objection, see objecting to enforcement proceedings.

7. What to do

• If you are the creditor: note the date the objection was notified; the six-month period runs from it. Before applying, assess whether the document really contains an unconditional acknowledgement of debt or counts as an official document under Art. 68.
• If you are the debtor: state the denial of the signature clearly in your objection. If the signature is yours, bear in mind that denying it carries a fine risk. Take the summons and the duty to attend in person into account.
• For the attachment stage and assets exempt from attachment, see assets exempt from attachment.
• If you would like your file assessed, you can book an appointment or reach us on the contact page.

This article is prepared for general information and does not replace legal advice. Every file is different, and rights can be lost if time limits are missed.