KÜHEYLAN HUKUK
How is Execution Pursued with Judgment Done? Enforcement of the Court Decision Within the scope of EBL Article 32-42, the enforcement order, 7-day period, postponement of execution and statute of limitations have been updated as of 2026.
Even if the case is won, the receivable is not collected as soon as the decision is made. Enforcement of the court decision is a separate stage and has its own rules. In enforcement proceedings with a judgment, an enforcement order, not a payment order, is sent to the debtor; The debtor's opportunity to object is very narrow compared to proceedings without a judgment. The guide explains which documents are considered as writs, whether they can be executed before they become final, what can be done against the execution order, postponement of execution and the 10-year statute of limitations for writs.
1. What is a Judgment, Which Documents Qualify as a Judgment?
Judgment is a court decision that resolves a dispute and imposes a certain obligation on the debtor. In enforcement law, not only court decisions but also some documents that the law deems enforceable, such as judgments, are subject to judicial proceedings (EBL art. 38). Settlement, acceptance and waiver statements made before the judge, mediation agreement documents bearing an enforceability annotation and some official documents listed in the law are within this scope.
The main advantage of legal proceedings is that the debtor cannot re-discuss the merits of the claim. Since the dispute was resolved in the trial, it is not expected to file a new objection at the enforcement stage. Due to this feature, pursuit with a judgment is a harsher and more predictable method than pursuit without a judgment.
will receive money Execution order, seizure, sale and conversion into cash EBL Article 32 et seq. and art.42
movable delivery The goods are taken from the debtor and delivered to the creditor; If it cannot be found, its value becomes a cash receivable. EBL Article 35
Real estate delivery and evacuation Evacuation or surrender by executive order; by force if necessary EBL Article 24 et seq.
Giving collateral If the debtor does not provide collateral, foreclosure will be initiated. EBL Article 32
3. How to Start Tracking?
There is a wide right to choose the competent enforcement office in judicial proceedings: An application can be made to any enforcement office in Türkiye (EBL art. 34). In practice, the debtor's place of residence or where his assets are located is preferred; because foreclosure procedures are carried out faster there.
The original or certified copy of the order is given to the enforcement office along with the request for follow-up.
In decrees that require finalization, a finalization annotation is also submitted.
Interest and litigation expenses are shown separately in the request according to the provision in the judgment.
If items such as attorney's fees and fees are included in the verdict, they are added to the proceedings.
It is not necessary for the judgment to be final for money receivables; Proceedings can also be initiated while the appeal or appeal process is ongoing. On the other hand, finalization is required in decrees that result in the legal status of the person, title deed cancellation and registration, or some family law consequences.
Upon the request for follow-up, an enforcement order is notified to the debtor. An enforcement order is different from a payment order: the debtor is notified that he must fulfill the debt specified in the order within 7 days, otherwise seizure will be made. The period starts from the day following the duly notification day. When the period expires and there is no postponement of enforcement decision, the creditor may request seizure (Article 37).
Unlike pursuit without judgment, there is no objection to the debt in pursuit with judgment. The options available to the debtor are limited:
Postponement of execution (Art. 33): The debtor may apply to the enforcement court within 7 days from the notification of the enforcement order and rely only on the reasons of statute of limitations, destruction (a situation that falls outside the scope of the order) or redemption (such as payment of the debt).
Limit of proof: Redemption and destruction must be proven by an official document or a document signed or acknowledged by the debtor. Witness or ordinary written evidence is not considered sufficient at this stage. Complaint (Art. 16): If the notification of the enforcement order, interest calculation or enforcement office transactions are irregular, a complaint is made to the enforcement court within 7 days.
If the judgment is enforced before it becomes final, the debtor's appeal or objection alone does not stop the proceedings. At this stage, two different institutions come into play. The first is the grace period document that the debtor receives from the enforcement office by providing a warehouse or collateral; This document provides a limited period of time (60 days in practice) to obtain a postponement of enforcement decision from the superior court. The second is the postponement of execution decision given by the court examining the legal remedy; This decision provides a stay of execution.
As a rule, postponement and postponement of execution do not remove the liens, they only suspend the sales transactions. If the judgment is later annulled, the debtor may request the refund of the price of the goods paid or seized and sold (Art. 40). Due to this risk, the creditor should be careful in collections made with an unconfirmed judgment.
The law stipulates a period of 10 years for the execution of the judgment (Article 39). This period starts from the finalization of the judgment and starts to run again with each enforcement action. Just keeping the file on hold will not cut the time. Since the court does not automatically take into account the limitation objection, the debtor must raise it himself within the scope of Article 33.
In case of old-dated judgments, the creditor must calculate the deadline by which the proceedings must be initiated; It should be taken into consideration that interest and attorney fees may also be subject to statute of limitations.
A construction company won the lawsuit it filed for the payment of its progress payments. The decision is under appeal; The other party does not pay. The company wants to enforce the decision without waiting for it.
The judgment regarding the money receivable can be enforced before it becomes final. The company can apply to the enforcement office at the debtor's workplace address with a certified copy of the judgment. If the debtor requests postponement of execution, he will have to provide collateral. The most important advantage of the company at this stage is that the debtor does not have the opportunity to object to the merits of the receivable.
Can the debtor object to judicial proceedings?
It is not possible to object to the merits of the claim. The debtor may only request the postponement of enforcement due to statute of limitations, destruction and redemption, and may also claim procedural errors through a complaint.
Is there a risk if the judgment is enforced before it becomes final?
Yes. If the judgment is annulled, the creditor may have to return the amount collected. Even if the decision changes with a new decision, the prosecution is reshaped according to the new decision.
How is interest calculated?
The type of interest ruled in the judgment and the starting date are taken as basis. If there is no interest in the judgment, legal interest is applied. Incorrect calculation can be filed as a complaint in the enforcement court.
Can an old judgment still be enforced?
The judgment may be enforced if the 10-year period has not expired. Previous enforcement actions may renew the period; Therefore, a separate time calculation is required for each file.
Starting a pursuit without checking whether the decision has a finalization condition or not
Not taking into account the risk of return of the amount collected in the incomplete judgment
A won lawsuit turns into a receivable only when it is effectively enforced. The simple structure of legal proceedings provides a powerful opportunity for the creditor; However, time tracking, accurate interest calculation and evaluation of the finalization status determine the success of this method. Küheylan Law Firm works to ensure that court decisions actually come to fruition by following the entire process, from the execution of the writs to the seizure, sale and collection stages; For file evaluation, 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.
KÜHEYLAN HUKUK