KÜHEYLAN HUKUK
7-Day Objection Period, Petition Conditions and Legal Consequences within the Scope of EBL Article 62-68
7-Day Objection Period, Petition Conditions and Legal Consequences within the Scope of EBL Article 62-68. This guide has been prepared based on the current provisions of the Enforcement and Bankruptcy Law No. 2004.
Summary: The debtor to whom a payment order has been notified may object to the debt, interest, signature or authority of the enforcement office by applying to the enforcement office that carries out the proceedings within seven days from the date of notification in accordance with Article 62 of the Execution and Bankruptcy Law. A timely and proper objection automatically stops the proceedings without the need for any court decision. However, since failure to comply with the formal requirements of the objection or missing the deadline may mean a direct transition to the foreclosure stage for the debtor, it is of decisive importance to prepare the petition correctly and strictly comply with the deadline.
1. What is Execution Proceedings Without Judgment? Execution proceedings without judgment is a type of prosecution initiated by the creditor through the enforcement office, based solely on the claim of receivables, without having a court decision or a document in the nature of a judgment. The most common form in practice is pursuit through general lien, which is applied for the collection of money or collateral receivables. The creditor can resort to this method even based on an invoice, current account statement, contract or a purely verbal relationship; The enforcement office does not have the authority to investigate the material accuracy of the request. Its difference from legal follow-up emerges at this point. Since the existence of the receivable in judicial proceedings is predetermined by a judicial decision, the debtor does not have the right to object; On the other hand, since there is no judicial review in non-judicial proceedings, the legislator has provided the debtor with a strong objection mechanism to oppose the payment order. This balance is the basic assurance that enforcement proceedings without a judgment can proceed both quickly for the creditor and fairly for the debtor.
2. Payment Order and Calculation of the 7-Day Objection Period Upon the follow-up request submitted by the creditor to the enforcement office, a payment order is sent to the debtor. This document clearly states the requested debt amount, the basis, if any, and that the debtor may object to the debt, interest, signature or authorization within seven days. The fact that the notification is made in accordance with the Notification Law is decisive for the start of the period; An irregular notification does not automatically run the period. The seven-day period starts from the day following the notification date and weekends and public holidays are also included in the calculation. If the last day of the period falls on a holiday, the right to object automatically extends until the end of the first business day following the holiday. A different mechanism operates for debtors who receive electronic notifications: A payment order sent via UETS is deemed to have been notified at the end of the fifth day following the date it reaches the system, and the seven-day objection period begins only after this five-day waiting period expires. "Irregular notification" occurs in cases where the payment order does not reach the debtor or is notified in an irregular manner (for example, the delivery to the headman is carried out without deducting the necessary annotations). In such a case, the debtor must both file a complaint with the enforcement court and request the correction of the notification date within seven days from the date of learning about the notification, and also submit a petition of objection to the enforcement office within the same period; Simply filing a complaint does not stop the objection period in the enforcement office.
3. Conditions to be included in the Objection Petition: The objection can be made through a written petition to the enforcement office that sent the payment order, or it can be declared verbally, provided that the identity is identified and recorded in the minutes. In practice, a written petition should always be preferred in terms of its power of proof and clear presentation of legal justifications. In the petition, the tracking file number, the identity information of the parties and the items to which the objection is directed should be clearly stated; If the debtor has a payment receipt, release letter or similar supporting document, it should be added to the petition. If the debtor does not reside in the city where the same enforcement office is located, he can benefit from the "objection via correspondence" opportunity. In this method, the debtor goes to the enforcement office on duty in his location and submits his objection petition to be forwarded to the enforcement office where the main prosecution is carried out; When evaluating whether the objection has been made in due time, the date of communication is taken into account, not the date on which the petition reaches the actual enforcement office. Thus, the debtor can protect his rights even on the last day of the seven-day period, even if he is in a different city. Debtors who have an electronic signature or mobile signature can send an objection petition prepared in UDF format directly to the relevant enforcement file via the UYAP Citizen Portal. This method offers a practical alternative in that it prevents loss of time, especially in the last hours of the deadline, and the time stamp entered in the system at the time of submission constitutes technical evidence that the objection was made on time.
4. Scope of the Objection: Objection to Debt, Partial Debt, Interest, Signature and Authority The main determining factor in the objection petition is to clearly state which items the objection covers; Because a ground of objection that is not included in the petition cannot, as a rule, be put forward later in a lawsuit to remove the objection that will be filed in the future.
4.1. Objection to Debt Objection to debt is the most frequently used type of objection. The debtor may claim that the receivable has never arisen, has been paid before, is not due, has become statute-barred, or has been exchanged. The law does not impose a severe form requirement for this objection; Even a short and clear statement such as "I have no debt" or "I object to the payment order" is considered sufficient. Since the enforcement director does not have the authority to examine the justification of the objection, a declaration of objection to the debt made duly and on time automatically stops the proceedings.
4.2. Partial Objection If the debtor rejects only a part of the receivable, not the whole, he can apply for a partial objection. However, here, unlike the debt objection, the law imposes a strict specificity requirement: the disputed amount must be clearly shown numerically. Statements that leave the amount unclear, such as "I object to a part of the debt", are deemed invalid, and in this case, the objection is assumed to have never been made and the entire pursuit becomes final. When the amount is stated correctly, the pursuit stops only for the disputed part; The follow-up continues with finalization in terms of the accepted part.
4.3. Objection to Interest If the interest rate requested by the creditor, the amount of interest accrued or the starting date of interest is incorrect or exceeds legal limits, the debtor must object by stating this separately and clearly. Although in judicial practice there is a tendency to interpret the phrase "I object to the debt" in a broad way, including the interest item, it is recommended to use the phrase "I object to the principal receivable, accrued interest, interest rate and all its accessories" in the petition in order to ensure full legal security.
4.4. Objection to Signature If the prosecution is based on an ordinary document that does not qualify as a bill of exchange (contract, letter of undertaking, bill of exchange, etc.) and the debtor thinks that the signature on this document does not belong to him, he must declare this "separately and clearly" in the objection petition. If the debt is merely objected to without making this declaration, the signature under the promissory note is deemed to have been legally acknowledged and the debtor cannot raise this defense again in the future. Objection to signature becomes the subject of expert examination when a lawsuit for removal of objection is filed by the creditor; If the objection turns out to be unfair, the debtor may be sentenced to enforcement denial compensation of at least twenty percent of the receivable, as well as a fine of ten percent. If it is determined that the signature is indeed forged, the same amount of bad faith compensation and fines will be charged to the creditor.
4.5. Objection to Authority In proceedings through general foreclosure, as a rule, the authorized enforcement office is the enforcement office of the debtor's place of residence on the date of the pursuit; If a specific place of performance is agreed upon in the contract, this place may also be considered authorized. If the creditor initiates proceedings in an unauthorized enforcement office, the debtor may object to jurisdiction within a seven-day period. However, for this objection to be valid, the debtor must clearly indicate the authorized enforcement office; Otherwise, the authority objection is deemed not to have been made. The debtor may raise the authority objection in the same petition together with the objections regarding the debt or signature; In this case, the court first resolves the jurisdiction issue and then examines the objections on the merits.
5. Legal Consequences of the Objection: Suspension of the Proceedings An objection made in due time and in accordance with the procedure stops the proceedings immediately and automatically, without the need for any judge's approval. After this stage, the enforcement office cannot send a wage garnishment letter to the debtor, block an electronic lien on bank accounts, or issue a lien on movable or immovable properties. The file becomes "suspended due to objection" status and the creditor must legally eliminate the objection in order to proceed to the sequestration stage. The suspension of the proceedings does not mean that the debtor is automatically found right; It only indicates that the dispute should leave the narrow jurisdiction and formal scope of the enforcement office and be brought to judicial review. From this point on, the initiative passes to the creditor.
6. Creditor's Countermeasure: Cases for Cancellation of Objection and Removal of Objection. The creditor who wants to re-activate the proceedings stopped upon the objection may resort to one of two different methods, depending on the nature of the evidence in his possession. Case for Cancellation of Objection (EBL Article 67): If the creditor does not have any definitive evidence of the nature listed in EBL Article 68 (for example, if there is only an invoice, current account statement or unexplained bank receipt), a lawsuit for cancellation of objection must be filed in the general courts. This lawsuit must be filed within one year from the date of notification of the objection to the creditor; Otherwise, it becomes impossible to process the existing tracking file. The court conducts a comprehensive trial, including witness hearing and expert examination. If the debtor's objection is found to be unjustified, he is sentenced to enforcement denial compensation of at least twenty percent of the receivable amount; If it is understood that the creditor is in bad faith, this time the same amount of bad faith compensation is charged to the creditor. Case for Removal of Objection (EBL Article 68): If the creditor has conclusive evidence such as an acknowledgment of debt signed by the debtor, an official deed approved by a notary, or a document duly issued by the official authorities, the much faster enforcement court can be resorted to. This remedy must be applied within six months from the notification of the objection. The enforcement court does not make a broad judgment here; It only checks whether the submitted document is of the nature specified in the law. In this case, upon the request of the rightful party, compensation of at least twenty percent may be awarded.
Criteria Case for Cancellation of Objection (Art. 67) Case for Removal of Objection (Art. 68) Authorized Authority General courts (Law of First Instance/Commercial etc.) Enforcement court Application Period 1 year from the notification of the objection 6 months from the notification of the objection Trial Procedure Broad scope (witness, expert) Evidence Required Narrowly and in form, based on documents All kinds of evidence are accepted Only EBL Final documents listed in Article 68. Compensation Risk Minimum 20% denial/bad faith compensation Minimum 20% denial/bad faith compensation 7. What Happens If the Deadline Is Missed? Delayed Objection and Other Means Missing the seven-day period means that the payment order becomes final without objection and the creditor can proceed directly to the sequestration stage. However, this does not mean that all the debtor's legal possibilities have ended. Delayed Objection (Article 65 of the EBL): If the debtor has missed the deadline due to an obstacle other than his own fault (such as a serious illness, accident, force majeure, an unforeseen obligation abroad), he can file a delayed objection by applying to the enforcement court within three days from the date on which the excuse disappears. Unlike the ordinary objection, this remedy is made directly to the enforcement court, not to the enforcement office, and does not automatically stop the proceedings; The court must also issue an injunction. A delayed objection may be submitted until the sale of the seized goods; This path is closed after the sale is made. Negative Determination Case (EBL Article 72): The debtor may try to prove that he is not a debtor by filing a lawsuit in the general court. The lawsuit does not automatically stop the prosecution; However, the debtor may request the court to stop the proceedings through interim injunction by depositing a security of at least fifteen percent of the receivable amount. Recovery Case: If the debtor missed the objection period and had to actually pay the money through sequestration, he can request the refund of the unjustly collected amount by filing a recovery case within one year from the date of payment.
Concrete Application Scenario CASE SUMMARY FORM The debtor, who operates a small-scale textile workshop, learned through the payment order notified to his workplace address that enforcement proceedings without judgment had been initiated against him due to a receivable allegedly arising from the current account relationship between him and his supplier. The debtor thinks that some of the invoices have already been paid and the remaining amount consists of a balance that the supplier has unilaterally overwritten.
APPLICATION AND LEGAL PROCESS Küheylan Law Firm, which was applied to on the fourth day after the notification of the payment order, firstly examined the current account records and payment receipts and clarified the amount to be objected numerically; Before the seven-day period expired, a detailed objection petition regarding both the partial debt and the requested interest rate was submitted to the enforcement office. Bank receipts showing the payment and correspondence between the parties were added to the petition as evidence.
CONCLUSION Following the objection, the pursuit was partially stopped, and the creditor exercised its right to continue the pursuit over the unobjectionable amount. Thanks to the receipts and correspondence submitted in the case for cancellation of the objection filed by the creditor, it was determined that the objection was justified, the case was rejected and the debtor was protected from the risk of enforcement denial compensation.
8. Frequently Asked Questions Is it enough to say "I have no debt" to the payment order? Do I need to provide a separate justification? The law does not require a heavy justification to object to the debt; A short statement saying "I don't owe money" or "I object to the payment order" is valid. However, if the reason is stated, it should not be forgotten that this reason cannot be exceeded in the case of removing the objection in the future.
Do I need to declare my assets to the enforcement office after I object? Since the objection lodged in due time and in accordance with the procedure stops the pursuit, the pursuit is deemed not yet final and the obligation to declare assets does not arise. This obligation only comes to the fore when the creditor wins the case for annulment or removal of the objection and the proceedings become final again. I think the prosecution has been initiated in the wrong enforcement office. Should I just object to the authority? The authority objection can be made alone or together with objections regarding debt or signature. Only if the authority is objected to and this objection is accepted, the file is sent to the competent enforcement office and a new payment order is notified to the debtor; However, a second authority objection cannot be made against this new payment order.
I am out of town, what can I do to avoid missing the objection period? You can benefit from the "objection via communication" opportunity by going to the enforcement office on duty in your location, or if you have an e-signature or mobile signature, you can send your petition electronically via the UYAP Citizen Portal. In both methods, the date of the transaction is taken as basis for counting the objection within the period.
Attention: Common Mistakes in the Process Not specifying the amount in a partial objection: Vague expressions such as "I object to a part of the debt" are considered legally invalid, and if the objected amount is not clearly shown in figures, the entire pursuit becomes final. Not clearly stating the objection to the signature: If only the debt is objected to and the signature is not rejected separately, the signature under the promissory note is deemed to have been acknowledged and this defense cannot be used again. Not indicating the competent enforcement office in the jurisdiction objection: A jurisdiction objection made without stating which enforcement office is authorized is deemed not to have been made at all. Waiting for the last day of the deadline: Considering the allegation that the notification is irregular or the possibility of a technical glitch, it is recommended that the objection be prepared without waiting until the last day.
Conclusion: An objection to be made within seven days against enforcement proceedings without judgment is an irreversible threshold for the debtor to protect his assets. Even the slightest deficiency in the formal requirements, such as determining the scope of the objection correctly, showing the amount clearly in the partial objection, declaring the signature objection separately and indicating the competent enforcement office in the jurisdiction objection, can lead to irreparable consequences. With its knowledge of the current legislation in the field of enforcement and bankruptcy law and the Supreme Court case law, Küheylan Law Firm offers comprehensive legal support to its clients at every stage of the objection process to the payment order - from the preparation of the petition to the defense in cases of cancellation or removal of the objection.
Hunting. Mert Deniz Küheylan Important Legal Notice: The legal explanations in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an enforcement law attorney from the beginning of the process. Küheylan Law Firm — © 2026 All Rights Reserved.
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