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What Happens If Credit Card Debt Is Not Paid? Enforcement Proceedings, Restructuring and Statute of Limitations The process from minimum payment to seizure stage has been updated as of 2026 within the framework of the Bank Cards and Credit Cards Law No. 5464, Law No. 6502 and the Enforcement and Bankruptcy Law.
Failure to pay credit card debt does not immediately turn into enforcement proceedings; There are stages listed by law such as late payment interest, card closure, account termination and warning letter. Each stage presents both a risk and an opportunity for intervention to the debtor. In the guide, the interest regime applied when the minimum payment is not made, the moment the card is canceled, ways to object to the enforcement proceedings initiated by the bank, restructuring options and statute of limitations for credit card receivables are discussed in the light of the 2026 legislation and the Supreme Court practice.
If the credit card holder pays only the minimum amount of the period debt in the account statement, not the entire period, the debt will not be delayed; Contractual interest is applied to the remaining balance. If a payment is made below the minimum amount or no payment is made, delay interest is charged on the remaining balance (Article 26/2 of Article 5464). The law prohibits compound interest on card debts, including in case of default; For this reason, calculations in which interest is increased by adding it to interest may be subject to objection.
The Central Bank of the Republic of Türkiye determines the maximum contractual interest and default interest rates and announces them every month (Article 26/3 of Article 5464). As of September 2026, rates are applied gradually according to the size of the period debt; The overdue interest is 0.30 points above the contractual interest at each level. The minimum payment amount cannot be less than twenty percent of the term debt; The law has authorized the BRSA to increase this rate up to forty percent, and a higher rate is applied to high-limit cards (Art. 24).
Unpaid debt is reported by banks to the Risk Center in accordance with Article 73/A of the Banking Law No. 5411. Late registration directly affects the credit score and causes negative evaluation in subsequent loan, card and even some workplace rental applications. Even if the debt is paid later, past delay information continues to appear in the record for a while.
Article 8 of Law No. 5464 provides a clear schedule for card cancellation. If the minimum amount is not paid within three months following the due date, the bank will notify the card holder. If payment is not received within one month from this notification, the credit cards given to the card holder will be canceled and a new card cannot be issued until the entire debt is paid. This process affects not only the card of the debtor bank, but all credit cards issued by the same institution.
After card cancellation, the bank usually charges the account; In other words, it terminates the contract and makes the entire debt due and sends an account floor notice through a notary. If payment is not made within the period specified in the notice, the debtor becomes in default. The General Assembly of the Supreme Court of Appeals has accepted that in credit card disputes, if the bank debits the account and sends a notice, the date of default should be determined by taking into account the payment period given in the notice (HGK, 22.11.2022, E.2021/973, K.2022/1556). Incorrect determination of the default date directly changes the beginning of interest and therefore the total debt.
Banks often initiate enforcement proceedings without judgment for credit card receivables through general seizure. An objection may be made to the enforcement office within seven days against the payment order notified to the debtor (EBL art. 62). A timely objection stops the proceedings and obliges the bank to go to court for collection. In cases where the proceedings are stopped due to objection, the bank may file a lawsuit for cancellation of the objection within one year from the notification of the objection (EBL article 67).
Since credit card agreements are consumer transactions, this case is heard in the consumer court and applying to a mediator before filing a lawsuit is a condition of the lawsuit (6502 article 73/A). The mediation stage is the stage where errors in interest calculations, recurring expenses and attorney fees are negotiated, and in most cases, the debt is tied to a reasonable installment plan.
In the case of annulment of objection, if the court finds the debtor's objection unjustified, the debtor is sentenced to compensation for denial of execution, which is not less than twenty percent of the amount judged in case of demand (EBL art. 67/2). For this reason, the objection should be directed not to the entire debt, but to the part that is truly in dispute (such as interest rate, expense, insurance premium, dues). Follow-up continues for the accepted part of the debt; Account and salary garnishment comes to the fore at this stage.
Payment below the minimum amount 5464 s.K. Article 26 Late payment interest on the remaining balance; compound interest prohibited
Three months of non-payment + notice 5464 s.K. Article 8/2 All cards will be canceled if not paid within 1 month from notification.
Account termination notice Contract and TCO Article 117 Default at the end of the period given in the notice
Objection cancellation case EBL art.67, 6502 s.K. Article 73/A Within a year; mandatory mediation before
Attachment EBL art.83, art.85 Maximum one quarter of the salary; bank account, vehicle, real estate
Since there is no specific period in law for receivables arising from credit card agreements, the ten-year general statute of limitations in Article 146 of the Turkish Code of Obligations applies. The Supreme Court accepts that the ten-year contract limitation will apply to claims arising from the loan agreement (3rd HD, 22.11.2021, E.2021/6558, K.2021/11813). The period starts to run from the date the receivable becomes due, in practice usually from the date the account is settled (TBK art. 149).
Statute of limitations does not run automatically; The debtor must assert this in his objection to the payment order or in the lawsuit. In addition, initiating enforcement proceedings, accepting the debt in writing, making a partial payment or signing an installment plan interrupts the period and the ten years start over (TBK article 154). In practice, calling the bank and making a small payment for an old card debt is the most common mistake that resets the statute of limitations that is about to expire.
With the regulation of the BRSA, which came into force on January 29, 2026, it was possible to restructure unpaid credit card debts and consumer loans overdue for more than 30 days with a maturity of up to 48 months and a monthly interest rate not exceeding 3.11 percent; Applications ended on April 29, 2026. After this date, restructuring is not a legal right, but a compromise based on the commercial discretion of the bank.
The debtor should pay attention to two points in the payment protocols made after the follow-up begins. Firstly, since the protocol is an acknowledgment of debt, it cuts the statute of limitations and makes it difficult to object to interest or expenses later. Secondly, if the commitment to pay in installments given in accordance with Article 111 of the EBL is violated without a justifiable reason in the enforcement office, a prison sentence of up to three months may be imposed upon the complaint of the creditor (Article 340 of the EBL). The commitment must be based on a plan that can actually be paid for.
6. Can You Go to Prison for Credit Card Debt?
No. Article 38 of the Constitution provides that no one may be deprived of his or her freedom merely because of failure to fulfill a contractual obligation. Not paying your card debt is not a crime on its own. The risk of punishment only arises with the debtor's own action: violation of the commitment given in the enforcement office (EBL Article 340), enforcement crimes such as hiding goods during seizure, or misuse of someone else's card (TCK Article 245).
After the closure of his business, Ö.K. could not make the minimum payments on his two credit cards for four months. The bank first canceled the cards, then sent an account closure notice through the notary and initiated enforcement proceedings over 214,000 TL. In the follow-up request, it was seen that annual card fees and card debt insurance premiums were requested for the period after the cancellation date.
A partial objection was made to the payment order in due time, only regarding the post-cancellation dues and insurance premium, the default interest accrued without taking into account the period in the notice, and the compound interest calculation. The bank applied to the mediator to cancel the objection; By removing the items objected to in the mediation meeting from the account, the debt was reduced by approximately 18 percent and the remaining amount was tied to a 24-month payment plan. The pursuit continued for the accepted part, but the file was closed without the need for wage garnishment.
If I continue to make the minimum payment, will the file go to enforcement?
As long as the minimum amount is paid regularly every month, the debt will not be delayed and the card cancellation calendar will not work. However, since contractual interest accrues on the remaining balance every month, the debt grows in the long run; Therefore, minimum payment is not a solution, but a time-saving tool.
Does the SMS or e-mail sent by the bank constitute enforcement proceedings?
No. Enforcement proceedings only begin with the notification of the payment order issued by the enforcement office. Since fraud with fake messages titled "case/enforcement" has increased rapidly recently, it should be checked via e-Government and UYAP Citizen Portal whether it is a real file or not.
What changes if the debt is sold to an asset management company?
When the receivable is transferred, all objections and defenses that the debtor has against the bank can also be asserted against the new creditor. The acquiring company cannot claim more rights than the bank has.
Does credit card debt pass to heirs upon death?
The debt is included in the estate and passes to the heirs who do not reject the inheritance. If there is card debt insurance, you should first request that the insurance be activated, and the three-month rejection period of the heirs should also be followed.
Failure to object to the payment order in due time: If the seven-day period is missed, the proceedings become final and it becomes largely impossible to raise objections such as interest, expenses or statute of limitations.
Objecting to the entire debt without justification: An objection deemed unjust may lead to enforcement denial compensation of at least twenty percent of the judged amount.
Payment or acknowledgment when the statute of limitations is about to expire: A small payment or signed protocol starts the ten-year period from the beginning.
Underestimating the breach of commitment: A commitment given and not paid in the enforcement office may initiate a process that can lead to imprisonment.
Not keeping account statements: Interest and expense objections can only be proven with old account statements; These must be requested from the bank in writing.
The enforcement of credit card debt depends on a calendar determined by law, and each stage of this calendar provides the debtor with an opportunity to object, compromise or defend the statute of limitations. Errors in interest calculations, fees accrued after cancellation and incorrect determination of the default date are points that significantly change the debt amount in practice. Küheylan Law Firm creates a strategy that will protect the legal position of the debtor at every stage, from preparation of a timely and targeted objection to the payment order to mediation negotiation, from statute of limitations defense to limitation of foreclosure transactions, based on document and account review.
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.
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