How long is the period to object to a payment order in enforcement?

In enforcement without judgment, the debtor may object within seven days of service of the payment order. A timely objection stops the proceeding; without objection it becomes final and can proceed to attachment.

The debtor objected; how do I still collect my claim?

If your claim rests on a document listed in the law, such as a promissory note, you can ask the enforcement court to remove the objection. Otherwise, you file an annulment-of-objection case in the general court to prove the claim and continue enforcement.

Which of my assets can be attached?

Once the proceeding is final, the debtor's salary (in part), bank accounts, movables, and immovables can be attached. However, the law treats some assets as non-attachable; the distinction is assessed case by case.

What is concordat and who can apply for it?

Concordat is a mechanism that protects debtors who struggle to pay but can do so under a plan, shielding them from bankruptcy. The court grants a grace period and appoints a commissioner; agreement with creditors on a payment project is sought. Both companies and individuals may consider it.

As a foreigner in Alanya, can I collect unpaid rent through enforcement?

Yes. Foreigners who own property in Alanya can collect rent and other claims through enforcement. We conduct the process on behalf of foreign clients and explain it in Russian; the contract and payment records are important evidence.

Enforcement Lawyer in Alanya | Rufina Taştan Hukuk Bürosu

Name: Rufina Taştan Hukuk Bürosu
Address: Güllerpınarı District, Keykubat Boulevard, Alanya, Türkiye, Alanya, Antalya, 07400, TR
Telephone: +90 538 838 63 66
Price range: $$

Rufina Taştan Law Office supports both creditors and debtors in enforcement and bankruptcy law in Alanya. As an enforcement lawyer in Alanya, we handle enforcement with and without judgment, attachment and sale, annulment and removal of objection, concordat, and debt restructuring. We offer service in Turkish and Russian.

Enforcement With and Without Judgment

A creditor holding a court judgment may use judgment-based enforcement to collect the debt. For monetary and security claims without a court judgment, enforcement without judgment is started through the general attachment route. In enforcement without judgment, a payment order is served on the debtor, and if the debtor does not object within seven days of service, the proceeding becomes final.

Steps in the Debt-Collection Process

Assessing the claim and information about the debtor
Determining the appropriate route (with or without judgment)
Starting enforcement and serving the payment or enforcement order
Pursuing annulment or removal of objection if the debtor objects
Attachment and sale once the proceeding becomes final

Responses to Objection: Annulment and Removal

In enforcement without judgment, a timely objection by the debtor stops the proceeding. The creditor then has two routes. If the claim rests on documents listed in the law (a promissory note, a document with an admitted signature, etc.), the creditor may ask the enforcement court to remove the objection. Without such a document, an annulment-of-objection case is filed before the general court to prove the existence of the claim and restore the proceeding.

Attachment and Sale

Once the proceeding becomes final, attachment may be applied to the debtor's salary, bank accounts, movables, and immovables. Attached assets are sold under statutory procedures, and the creditor is paid from the proceeds. Conducting stages such as the distinction between attachable and non-attachable assets, valuation, and the sale announcement in proper form prevents loss of rights.

Protecting the Debtor and Restructuring

Legal routes also exist for a debtor facing enforcement. These include objecting to unjust or time-barred proceedings, complaining against improper attachments, and negotiating instalments or restructuring with the creditor. Restructuring the debt is often a workable solution both for the debtor to preserve capacity to pay and for the creditor's collection.

Concordat (Restructuring of Debts)

For debtors in financial difficulty who can nonetheless pay their debts under a defined plan, concordat is a protection mechanism against bankruptcy. In the process, the court grants provisional and definite grace periods, appoints a commissioner, and aims for agreement with creditors on a payment project. Concordat may be considered both for companies and for individuals.

Enforcement for Foreign Clients

Foreigners who own property or do business in Alanya may also be a party to enforcement proceedings, whether as creditor or debtor. In disputes over rent, commercial payments, or sale prices, we conduct enforcement on behalf of our foreign clients and explain the process in Russian as well.

Precautionary Attachment, Negative Declaration, and Recovery

A creditor may obtain a precautionary attachment order from the court before a case or proceeding to prevent the debtor from concealing assets. This provisional protective measure improves the collectability of the claim and is important especially where there is a risk that the debtor will dissipate assets. For claims based on negotiable instruments (cheque, promissory note, bill of exchange), the special route for negotiable instruments offers faster collection.

Important legal routes also exist for the debtor. A person who argues that they are not in fact indebted, or that the debt has ended, may file a negative-declaration case; if payment was made under the threat of enforcement, a recovery case may later be brought to reclaim that amount. Which route is appropriate is assessed according to the type of instrument, payment records, and the stage of the proceeding.

To collect a debt or build a defence against an enforcement proceeding, you can arrange a free initial consultation at our office in Alanya. For support in Turkish and Russian, reach us at +90 538 838 63 66.

Enforcement Lawyer in Alanya