Objection to Enforcement Proceedings and Annulment of Objection in Izmir

Enforcement law creates a system that allows a creditor to mobilise state power to collect a debt without waiting for a court judgment. Yet this system also grants the debtor the right to object. On this page, as an Izmir enforcement attorney, we address one of the most frequently encountered topics: the objection and the legal routes that follow it.

Non-Judicial Enforcement and Objection

Non-judicial enforcement allows a creditor without a court judgment to apply directly to the enforcement office to send a payment order to the debtor for a monetary or security claim. If the debtor objects within 7 days of receiving the payment order, enforcement halts automatically; if no objection is made or the deadline is missed, the debt becomes final and the seizure phase begins.

An objection may cover three distinct grounds: (1) objection to the debt itself — the debtor's denial of all or part of the claim; (2) objection to the signature — the assertion that the signature on the instrument does not belong to the debtor; (3) jurisdictional objection — the assertion that the enforcement office lacks territorial jurisdiction. Each type of objection is subject to different procedural rules and burdens of proof, which makes it essential to identify the correct legal basis of the objection at the outset.

Partial objection is also permissible. A debtor may object only to a specific amount; the uncontested portion becomes final and seizure may continue in respect of it. In negotiable instrument enforcement proceedings (cheque, bill, draft), an objection does not, as a rule, automatically halt the enforcement; examination of the objection is left to the discretion of the Enforcement Court.

Two Options After Objection

The creditor whose enforcement has been halted by the debtor's objection has two main options: an annulment of objection lawsuit (IIK Art. 67) or the removal of objection procedure (IIK Art. 68–68/b). The choice between them depends largely on the quality of the documentary evidence at hand.

Annulment of Objection Lawsuit (IIK Art. 67)

Annulment of objection is a full proceeding initiated by the creditor before civil courts of general jurisdiction (civil court of first instance or commercial court of first instance). It must be filed within 1 year of service of the objection on the creditor; this deadline is a peremptory period and cannot be extended. All evidence, including witnesses, is admissible; the proceedings are conducted under the Civil Procedure Code. If the court annuls the objection, enforcement continues from where it left off.

Removal of Objection (IIK Art. 68)

Removal of objection is a document-based, expedited procedure before the Enforcement Court with a limited number of hearings. It is preferred when the creditor holds strong written evidence such as a notarised deed, an official document, or a document whose signature has been acknowledged by the debtor. The request must be made within 6 months of service of the objection. The court reviews only the documents submitted; extensive examination of evidence is not conducted. As a result, the process is considerably faster.

Where the objection targets the signature on the instrument, the procedure differs: if the debtor has denied the signature, the court arranges a handwriting examination. If the signature is found to belong to the debtor, the objection is removed; otherwise the creditor is left to pursue an annulment of objection lawsuit.

Denial Compensation

Denial compensation (icra inkâr tazminatı) is awarded when the objection is found to be unjustified, at a rate of not less than 20% of the rejected portion. It may be ordered against the creditor in an annulment lawsuit if the objection is upheld, or against the debtor in the removal procedure if the debtor acted in bad faith or their objection is overturned. The compensation must be expressly requested in the petition; the court cannot award it on its own motion.

If the compensation is not requested, you will be unable to benefit from this additional safeguard even if you win the case. It is therefore critical that the compensation claim is included when drafting the petition.

Proceedings and Burden of Proof

In an annulment of objection lawsuit, the burden of proof falls on the party seeking to prove its claim. The creditor must prove the debt, while the debtor must prove its defence (payment, release, limitation etc.). All means of evidence, including witnesses, experts, instruments, invoices and correspondence, are admissible. As a full-merit proceeding, the judgment may be appealed to the Regional Court of Appeal and then to the Court of Cassation.

A negative declaratory action is filed by the debtor to obtain a court declaration that no debt exists. It may be filed before or after the creditor initiates enforcement; an interim injunction to halt the enforcement may also be requested. This action becomes particularly important where proceedings are based on an irregular or forged document. There is also a compensation risk: if the action is dismissed, the court may order the debtor to pay compensation of not less than 20% of the claim amount.

Process in Izmir

In Izmir, non-judicial enforcement proceedings are conducted at the Izmir enforcement offices, depending on the amount and type of enforcement. When a payment order is objected to, a removal of objection request is made to the Izmir Enforcement Courts (located in the Bayraklı courthouse). An annulment of objection lawsuit, depending on the nature of the claim, is filed at the Izmir Civil Court of First Instance or the Izmir Commercial Court of First Instance.

Given the caseload in Izmir, annulment of objection lawsuits may take on average 1–2 years; the removal of objection route, where the document is strong, can conclude considerably faster. Choosing the correct route is therefore decisive both in terms of time and cost. For further information on related enforcement matters in Izmir, see our article on salary and bank seizure in Izmir.

Frequently Asked Questions