KÜHEYLAN HUKUK
What happens if the loan debt is not paid? Account Floor Notice, Default Interest and Enforcement Process. The bank's collection methods and the debtor's rights in consumer, vehicle and commercial loans within the framework of Article 28 of Law No. 6502, Consumer Loan Agreements Regulation and Enforcement and Bankruptcy Law have been updated as of 2026.
Failure to pay a loan installment does not turn the debt into an enforcement file in one fell swoop. In order to claim the entire remaining debt in consumer loans, at least two installments must not be paid in a row and the bank must send a due date notice giving thirty days. In commercial loans, account statements sent through a notary with an account floor notice play a decisive role. The guide explains when the loan becomes due, the limits of the default interest that the bank can demand, the procedure to be followed against the payment order, the effects on guarantors and guarantees, and the restructuring options in the light of the 2026 legislation and current Supreme Court decisions.
1. What Happens When an Installment is Not Paid?
A single unpaid installment does not make the entire loan due. At this stage, the bank can only request late payment interest for the overdue installment. Default interest in consumer loans is calculated not on the entire amount paid late, but on the principal portion of this amount and is limited to the number of days delayed (Consumer Credit Agreements Regulation article 18/3). In the calculation, the date on which the consumer actually makes the payment is taken as basis and this date cannot be changed to the detriment of the consumer.
The delay is reported to the Risk Center in accordance with Article 73/A of the Banking Law No. 5411 and directly affects the credit score. Therefore, the first installment delay is the most appropriate moment for the debtor to discuss a payment plan with the bank; The file has not yet turned into a legal dispute.
2. When can the entire remaining debt be requested?
The bank's ability to request undue installments is called acceleration. This right for fixed-term consumer loans is bound to strict conditions by Article 28 of the Consumer Protection Law No. 6502. Four conditions must be met:
1. Reservation in the contract: The right to request the entire remaining debt must be clearly regulated in the loan agreement.
2. Fulfillment of the bank's obligations: The loan amount must be used in full.
3. Two consecutive installments: The consumer must be in default in paying at least two consecutive installments.
4. Thirty-day maturity warning: The bank must give the consumer at least thirty days to inform them that the entire debt will become due.
The law also stipulates that interest, commissions and similar expenses cannot be taken into account when calculating the due installments (Art. 28/2). In other words, the future period interest in the installments whose due date is brought forward cannot be claimed from the debtor; The claim is limited to the remaining principal.
The Supreme Court carefully monitors these conditions. The 3rd Civil Chamber ruled that in a case where the notice does not indicate the debt and interest due, does not include a thirty-day payment period, and does not notify the debt that will be due at the end of the period, the consumer is not in default as required by the law and only the installments due until the follow-up date can be requested (3rd HD, 03.02.2025, E.2025/92, K.2025/594). Notices that are not notified or that give a short period of time such as seven days do not become due (13. HD, 07.02.2019, E.2016/14693, K.2019/1355).
3. How Much Default Interest Can the Bank Request?
In case of default or late payment in consumer loans, delay interest exceeding thirty percent more than the contractual interest rate in the contract cannot be collected (Regulation article 18/2). The bank that collects more than this limit must return the excess amount together with the interest to be charged at the same rate. Compound interest cannot be applied to consumer transactions at any stage, including default (Article 6502 Article 4/7).
In commercial loans, the interest rate is determined freely (6102 article TTK article 8/1). In general loan agreements, default interest is often defined by adding a certain rate to the contractual interest applied by the bank. In determining this rate, the Supreme Court takes as basis the interest actually applied to the same type of loan on the date of flooring, not the maximum rate reported by the bank to the Central Bank (11. HD, 07.11.2024, E.2023/6371, K.2024/7874). Re-charging interest by adding interest to the principal is only possible in current accounts and loan agreements that are commercial transactions for both parties, for periods not shorter than three months (TCC Art. 8/2).
Acceleration condition Two consecutive installments and a warning of at least 30 days (6502 article 28) Floor conditions in the contract and account floor notice
Default interest limit Maximum 30% excess of contractual interest (Regulation article 18/2) Free (TTK article 8/1); The actual rate applied is taken as basis
Compound interest Prohibited (6502 article 4/7) Only for current account and commercial loan, not less than 3 months
Bail In all cases, it is considered ordinary surety (6502 article 4/6). Mostly joint guarantee
Banks often initiate proceedings without judgment for loan receivables through general foreclosure. An objection may be made to the enforcement office within seven days from the notification of the payment order (EBL art. 62). The objection stops the pursuit. Thereupon, the bank may file a lawsuit for annulment of the objection in the general court within one year (EBL art. 67) or, if the documents it has are sufficient, it can request the removal of the objection from the enforcement court within six months (EBL art. 68). If the objection is found to be unfair, the debtor may be sentenced to compensation of not less than twenty percent of the judged amount. For this reason, the objection should be directed not to the entire debt, but to the part that is truly in dispute.
For loans operating as current account or term loans, the bank sends the account statement to the address in the contract via a notary within fifteen days following the interest accrual periods. The debtor who does not object to the account statement within one month from the date of receiving it can only sue for the untruth of the statement after paying the debt; Summaries and warnings that have not been objected to are considered documents for the removal of the objection (EBL art. 68/b). In practice, the point where company partners and guarantors suffer the most loss of rights is overlooking this one-month period.
In case of loans secured by vehicle pledge or mortgage, the bank, as a rule, must first resort to converting the pledge into cash (EBL Article 45). If the price obtained from the sale of the collateral does not cover the debt, the follow-up continues with the lien gap document for the remaining part. The process of converting the mortgage into cash is discussed in detail in a separate guide in the Enforcement and Bankruptcy Law series of Küheylan Law Firm.
In consumer transactions, personal guarantees received for the debt of the consumer are considered ordinary guarantees, regardless of the name given in the contract (Article 6502 Article 4/6). As a rule, in order to request payment from the ordinary guarantor, the main debtor must be followed up and no results have been obtained. In commercial loans, the majority of the guarantees are joint and the bank can apply directly to the guarantor. The validity conditions of the surety agreement and the guarantor's right of recourse are also examined in the bail guide in this series.
Receivables arising from the loan agreement are subject to a general statute of limitations of ten years (TBK Article 146) and as a rule, the period starts on the date the receivable becomes due. Partial payment, written acceptance of the debt or signing a payment protocol terminates the statute of limitations and the period starts to run again (TBK art. 154).
With the regulation of the BRSA, which came into force at the beginning of 2026, consumer loans that were overdue for more than 30 days could be restructured with a maturity of up to 48 months; The application period ended on April 29, 2026. After this date, restructuring is a compromise at the bank's discretion. Violation of the installment commitment given in the enforcement office after the prosecution has started, without a valid reason, may lead to imprisonment for up to three months upon the complaint of the creditor (EBL art. 111, art. 340); The commitment must be based on realistic solvency.
S.T. used a consumer loan of 420,000 TL with a maturity of 36 months in 2024, and when he lost his job, he could not pay two installments in a row. The bank sent an account closure notice giving seven days and initiated enforcement proceedings over 368,000 TL as soon as the period expired. Future period interest on the installments that were brought forward was also added to the follow-up amount, and a default interest of fifty percent more than the contractual interest was requested.
Since the notice did not include a thirty-day period, the urgency requirement in Article 28 of Law No. 6502 was not met. In the partial objection made to the payment order in due time, it was requested that the undue installments, future period interest and default interest exceeding the thirty percent limit be removed from the proceedings. The bank resorted to mediation; During the meeting, the follow-up was limited only to the installments due until the follow-up date and the default interest at the legal limit, and a payment plan suitable for the debtor's new income was created for the remaining principal.
If how many installments are not paid, the loan will be foreclosed?
The ability to pursue the entire remaining debt in the consumer loan depends on the failure to pay at least two consecutive installments and the thirty-day maturity warning remaining ineffective. The bank may also initiate proceedings for a single overdue installment; However, this follow-up is limited to that installment only.
Is it necessary to respond to the warning sent by the bank?
For consumer loans, it should be checked whether the notice includes a thirty-day period and whether it shows the debt correctly. For commercial loans, not objecting to the account statement received via a notary within one month largely prevents objections to the account later.
Can the salary be seized due to loan debt?
In finalized proceedings, a maximum of one quarter of the salary may be seized (Article 83 of the EBL). Seizure limits and removal methods are explained in detail in the wage and bank account garnishment guide in the Enforcement and Bankruptcy Law series.
Does making a partial payment stop the enforcement proceedings?
No. Partial payment reduces the debt but does not stop the pursuit. Moreover, since it is an acknowledgment of debt, it cuts the statute of limitations and may make some later objections difficult. Items to be objected to should be clarified before payment.
Not reviewing the due date notice: Undue installments cannot be requested in proceedings that do not give a thirty-day period or are based on a notice that has not been notified.
Removing the notary account statement to the file: If the one-month objection period for commercial loans is missed, the falsity of the account can only be claimed after the debt is paid.
Delaying the objection to the payment order: If the seven-day period is missed, the proceedings become final and errors in the interest calculation cannot be claimed at the enforcement stage.
Objecting to the entire debt without justification: Unfair objection creates a risk of compensation of at least twenty percent.
Giving unrealistic commitments: A commitment given in the enforcement office but not paid may initiate a process that can lead to imprisonment.
Transfer of the loan debt to enforcement is a process subject to conditions determined by law, and if the bank skips one of these conditions, it directly changes the amount of the follow-up. The form of the due date notice, the extraction of interest from the due installments, the legal limit of default interest and the one-month statement period for commercial loans are the points that most affect the debt amount in practice. Küheylan Law Firm protects the legal position of loan debtors and guarantors with a strategy based on contract and account analysis, from reviewing notices and account statements to targeted objections to payment orders, from mediation negotiation to the process of converting guarantees into cash.
Important Legal Notice: The legal explanations, tables and case studies in this guide have been prepared by Küheylan Law Firm for general information purposes based on the legislation and judicial decisions in force as of 2026 and do not constitute legal advice. Since contract provisions, notification dates and periods directly determine the outcome in banking and finance disputes, it is recommended that each concrete case be evaluated separately by a lawyer. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK