KÜHEYLAN HUKUK
Seizure Method Specific to Bills of Exchange: Fast Tracking with Checks, Bills and Bills of Exchange Within the scope of EBL Article 167-170, 10-day payment order, 5-day objection period and validity conditions of the bill have been updated as of 2026.
When checks, promissory notes and drafts are not paid, the creditor may choose to proceed specifically with bills of exchange instead of general seizure. In this way, a 10-day payment order is sent to the debtor; Only 5 days are given for complaints, debt objections and signature objections. Since the debtor's ability to defend is limited, the process is quick, but if the bill does not qualify as a bill of exchange, the pursuit is disabled from the very beginning. The guide explains the promissory note elements, payment order, objection types, provisional lien and statute of limitations.
1. What is a Bill of Exchange?
Bills of exchange are three bills whose formal conditions are determined in the Turkish Commercial Code: promissory note (bill of exchange), bill of exchange and check. These promissory notes bind the receivable to a piece of paper, making it transferable and circulateable. In return for this reliability, the law leaves a narrower field of defense to the promissory note debtor.
Not every bill of exchange is considered a bill of exchange. If one of the formal conditions required by the law is missing, the document cannot be subject to foreign exchange tracking, regardless of its name. For example, the promissory note must contain the phrase "bill" or "promissory note", an unconditional promise to pay, maturity, place of payment and date of issue. A check is addressed to the bank, is payable when seen, and has no maturity date.
Bond The phrase "bill" or "promissory note", unconditional promise to pay, maturity, place of payment, beneficiary, date and place of issue, signature of the drawer TCC article 776
Policy Unconditional payment order given by the drawer to the addressee, maturity, beneficiary, date of issue and signature of the drawer TCC article 671
Czech It is addressed to the bank, it is paid on sight, no maturity date can be written. TCC article 780
2. Why is it preferred?
Foreign exchange follow-up gives faster results than the general foreclosure route; because the debtor's opportunity to object is limited. In the case of general foreclosure, a single petition can completely stop the proceedings. In foreign exchange proceedings, the debtor's objection can only be based on certain reasons, these objections are examined in the enforcement court, and as a rule, the objection does not automatically stop the proceedings.
The creditor may also choose general foreclosure despite the bill of exchange. However, for the creditor who has a fully qualified promissory note, foreign exchange tracking is often the most effective way.
1. Follow-up request: The type, date and number of the promissory note are written and the approved copy as many as the number of debtors is given to the enforcement office along with the original document.
2. Payment order (Art. 168): The debtor is given 10 days to pay the debt or, if he does not pay, to declare his assets.
3. 5-day period: Starting from the same notification day, the debtor can use his/her rights to complain, object to the debt and object to the signature within only 5 days.
4. Finalization and seizure: If no objection is made, the proceedings become final. A lien request can be made 10 days after the notification of the payment order (Art. 171).
5. Sale: Sale cannot be made until the objection to the debt is decided.
Claims such as that the bill does not qualify as a foreign exchange bill, that the prosecution was initiated in an unauthorized enforcement office, or that the creditor does not have the right to pursue it, are brought to the enforcement court through a complaint. Duration is 5 days.
The debtor may rely on reasons such as payment or statute of limitations that eliminate the debt. These allegations are expected to be proven with the evidence required by the law, especially an official document or a document with an acknowledged signature. The objection is made to the enforcement court; The court decides in a short time by calling the parties. As a rule, an objection does not automatically stop the pursuit; Suspension is only possible with the decision of the court and in return for a guarantee.
If the debtor claims that the signature on the promissory note does not belong to him, he must do so clearly and distinctly. A general statement such as "I object to tracking" is not considered sufficient. The authenticity of the signature is investigated by expert examination. In case of acceptance, the tracking is canceled; Compensation and fines may be imposed on the wrong party.
The statute of limitations against the person who accepts a bill is 3 years from the date of the promise (TCC Art. 749, applied to the bill by TCC Art. 778). In the case of a check, the beginning and duration of the statute of limitations are evaluated separately for the bearer, drawer and endorser. If the check is not presented to the bank within the presentation period, the holder may lose his rights against the endorser and guarantors. For this reason, it must be checked whether the bill has been submitted on time or not before proceeding.
There is also criminal liability for a bounced check under the Check Law No. 5941; However, enforcement proceedings and criminal complaints are independent methods.
If the creditor based on a matured bill of exchange is likely to miss the debtor's assets, he may request a provisional attachment from the court in return for collateral (EBL art. 257 et seq.). This decision ensures that the debtor's assets are secured before the proceedings become final.
A spare parts dealer could not collect the 650,000 TL promissory note he received from his customer on maturity. The place of payment is not written on the bill and the maturity date is missing. The seller has initiated foreign exchange tracking; The debtor filed a complaint within 5 days on the grounds that the bill did not qualify as a foreign exchange bill.
If the formal conditions such as maturity and place of payment are complete as required by the Turkish Commercial Code, the bill retains its foreign exchange status; If there is a deficiency, the follow-up may be cancelled. For this reason, every element of the deed should be carefully examined before follow-up. In case of missing elements, the creditor must resort to general seizure or receivables lawsuit.
How many days is the objection period in foreign exchange follow-up?
The period for complaint, debt objection and signature objection is 5 days from the notification of the payment order. 10 days are given for payment.
If the promissory note has been endorsed, can it be followed up?
Yes. If the endorsement chain is uninterrupted, the holder can also pursue foreign exchange against the persons who endorsed the bill. Whether the turnover sequence is correct or not may be the subject of a complaint.
Is it possible to follow up with a bond that is considered as a guarantee?
If the promissory note qualifies as a foreign exchange, prosecution can be initiated. However, the debtor may claim in court that this arises from a security relationship; This claim must be proven in the manner required by law.
Foreign exchange tracking offers the creditor a fast and effective means of collection; However, this speed depends on the document being prepared in accordance with the law. For the debtor, the 5-day period is a very short window in which all defense rights can be exercised. Küheylan Law Firm works without missing the deadline for both parties, from pre-proceeding bill review to objection processes in the enforcement court in check and promissory note receivables; 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.
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