KÜHEYLAN HUKUK
How to Initiate Enforcement Proceedings? Proceedings, Payment Orders and Expenses. The step-by-step road map for the creditor from the beginning to the seizure request within the scope of EBL Article 58 et seq. has been updated as of 2026.
The first official step in collecting the receivable is the follow-up request submitted to the authorized enforcement office. If this request is prepared correctly and completely, a payment order is sent to the debtor, the statute of limitations is terminated and the seizure phase begins. Choosing the wrong follow-up method or unauthorized enforcement office can waste weeks of time. The guide explains the stages of pursuit without judgment through general seizure, its difference from other pursuit methods, the content of the pursuit request, jurisdiction rules, expenses and what to do in case of objection by the debtor.
1. Why Does Enforcement Proceedings Come to the Agenda Before the Court?
In Turkish law, the creditor does not always have to file a lawsuit first. If his receivable is a documented and calculable money receivable, he can apply directly to the enforcement office without waiting for a court decision. Invoice, contract, current account statement, rental fee, loan debt or unpaid promissory note are suitable examples for this method. When prosecution is initiated, the enforcement directorate executes the file; The court only steps in when a dispute arises, such as an objection or complaint.
This method has two practical advantages. The first is speed: the payment order is notified within a few days in most cases. Secondly, the effect: initiating enforcement proceedings interrupts the statute of limitations on the receivable (TBK art. 154). This point is often decisive in a receivable that is about to expire.
2. Which Tracking Path to Choose?
The Execution and Bankruptcy Law provides for multiple avenues of prosecution. Choosing the right path depends on the document on which the claim is based.
Pursuit without judgment through general seizure (Art. 58 et seq.) Any money receivable, whether based on a document or not: invoice, contract, current account, compensation 7 days for payment and appeal
Follow-up specific to bills of exchange (Art. 167 et seq.) Bills, drafts and checks 10 days for payment, 5 days for complaint and appeal
Pursuit by decision (Art. 32 et seq.) Final or enforceable court decision 7 days on execution order
Rental receivables and eviction follow-up (Art. 269 et seq.) Rental and eviction request based on a written rental agreement 30 days for payment (residential and roofed workplace)
Converting the pledge into money (Art. 148 et seq.) Receivable secured by mortgage or pledge 30 days for mortgage, 15 days for movable mortgage
Pursuit through bankruptcy (Art. 155 et seq.) Against the debtor (merchant) subject to bankruptcy 7 days
The creditor who has a bill of exchange in his possession may also choose the general foreclosure option. However, since the debtor's opportunity to object is narrowed in foreign exchange proceedings, a stronger position often arises. Since each method has different rules, judgment and foreign exchange follow-ups are covered in separate guides.
3. What Should Be Included in a Tracking Request?
The tracking request is made in writing or electronically via UYAP in accordance with Article 58 of the EBL. For applications made through a lawyer, the request is uploaded directly to the system. The request must include the following information:
Name and surname of the creditor, debtor and attorney, if any, T.R. addresses with ID or tax identification number
The amount you will receive; If interest is requested, the type of interest, rate and date it begins to accrue.
Reason for the receivable (such as invoice, contract, service fee) and the date and number of the underlying document
Receivable items must be shown separately. When the principal receivable, accrued interest and other accessory receivables, if any, are compressed into a single total figure, it becomes difficult to determine which item is disputed in case of objection.
4. Which is the Competent Enforcement Office?
The general rule is that the enforcement office in the debtor's place of residence is authorized (EBL article 50). If the place of payment is determined in the contract or the debt will be fulfilled in a certain place, the creditor can also choose the enforcement office in that place (Art. 51). If there is more than one competent authority regarding the debtor, the creditor has the right to choose.
The authority objection belongs to the debtor and must be reported to the enforcement office within 7 days from the notification of the payment order. The office is deemed competent for the debtor who does not object to authority in due time. Therefore, choosing an unauthorized office will only result in an objection; However, specifying the correct address from the beginning prevents the file from changing direction.
After receiving the follow-up request, the enforcement office notifies the debtor with a payment order, a copy of which is prepared in accordance with the follow-up request and a copy of which is prepared in accordance with the receivable document. The debtor can do one of the following within 7 days from the notification of the payment order:
Paying the debt to the enforcement office or paying it to the creditor and submitting the receipt to the file
If the debtor does not object within the time limit, the proceedings become final. The creditor requests a lien as of finalization (Art. 79). Seizure can be applied to bank accounts, vehicles, real estate, receivables from third parties and wages. Which goods and rights cannot be touched is a separate issue and is not within the scope of this guide.
What happens if there is an objection?
The objection stops the pursuit. The creditor must choose a new way: if the receivable is based on documents and signatures, he can request the removal of the objection in the enforcement court (Art. 68 and 68/a), otherwise he can request the cancellation of the objection in the general court (Art. 67). There is 6 months to withdraw the objection and 1 year to cancel it. If the objection proves unfair, compensation up to 20 percent of the receivable may be brought against the debtor, and if the pursuit is unfair and malicious, compensation up to 20 percent of the receivable may be brought to the agenda. How to make an objection is explained in a separate guide.
At the beginning of the enforcement proceedings, the creditor pays items such as the pursuit fee, attorney fee and notification expenses. Since the amount of these expenses is updated every year according to the revaluation rate, instead of giving a figure, it is necessary to check the current tariff through UYAP or the enforcement directorate at the time of application. The collection fee is collected from the debtor; When the debt is paid to the enforcement office, there is no deduction from the creditor. Attorney fees may also be charged to the debtor at the end of the proceedings.
A brief check before submitting a follow-up request prevents most of the objections that may arise later.
1. The underlying documents of the receivable (invoice, contract, delivery report, correspondence) are collected together.
2. The debtor's current address, tax or identification number and e-notification address, if any, are verified.
3. It is checked whether the receivable is due or not, that is, whether it is due or not.
4. The default date and interest rate are calculated according to the contract or law.
5. The time remaining until the statute of limitations expires is noted.
6. If available, the debtor's known bank, vehicle and real estate information are also recorded to be used in the lien request.
Pursuit made on a date when the receivable is not yet due may lead to the debtor's objection and the creditor's risk of compensation. Therefore, maturity control is the most critical item on the list.
A supplier company operating in Istanbul could not collect the cost of three invoices it issued for product delivery for ten months. There is a current account statement; However, there is no promissory note signed by the other party. The debtor company's headquarters is in Ankara, and Istanbul is shown as the place of payment in the contract.
Even though the receivable is based on a document, it is not in the nature of a foreign exchange, so it is appropriate to pursue it without judgment through general seizure. Due to the place of payment in the contract, Istanbul enforcement offices are also authorized; The choice belongs to the creditor. In the follow-up request, the original receivable, accrued interest and invoice numbers must be shown as separate items. Opening the proceedings also provides assurance in terms of cutting the statute of limitations.
Is a lawyer required to initiate proceedings?
It is not mandatory. The creditor can apply himself. However, if the request is set up incorrectly, it is difficult to correct it later; Particularly interest calculation and tracking method selection requires expertise.
Can tracking be done if I do not know the debtor's address?
Yes. To determine the address, an inquiry may be requested from the enforcement office through MERNİS and related records. In cases where notification cannot be made, the relevant provisions of the Notification Law apply.
Can interest always be claimed?
Interest is required for receivables that have a basis in a contract or law. If there is no basis, legal interest is essential. The starting date of interest should be determined according to the moment of default.
Is it possible to withdraw a tracking request?
It is possible; However, there may be consequences in terms of time and costs related to the withdrawn pursuit. The status of the file must be evaluated before withdrawal.
Not following the date when the payment order was notified and receiving the objection late
Enforcement proceedings are the fastest and least costly way to collect the receivable; but this advantage depends on the correct establishment of follow-up. Wrong tracking method, incomplete request or incorrect authorization selection will extend the collection period. Küheylan Law Firm carries out the entire process in enforcement and bankruptcy files, from the beginning of the pursuit to the foreclosure and sales stages, with time tracking; For the evaluation of receivable files, an appointment can be requested via info@kuheylanhukuk.com.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In enforcement and bankruptcy law, the periods are short and the consequences are heavy; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
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