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.
How does debt collection work in Türkiye, and what are the deadlines?
The route depends on the document behind the claim: with a court judgment, enforcement is judgment-based; without one, it proceeds without judgment; cheques, promissory notes and bills of exchange have their own special route. Under Article 50 of Enforcement and Bankruptcy Law No. 2004, the competent enforcement office follows the general jurisdiction rules, and the office where the contract was made is also competent. Key deadlines as of 13 October 2026:
| Stage | Deadline | Legal basis |
|---|---|---|
| Payment under a payment order (no judgment) | 7 days | Art. 60 |
| Objection to the payment order (at the enforcement office) | 7 days from service | Art. 62 |
| Payment in cheque or promissory-note enforcement | 10 days | Art. 168 |
| Objection in cheque or note enforcement (to the enforcement court) | 5 days | Art. 168 |
| Payment under an enforcement order (judgment-based) | 7 days | Art. 32 |
| Annulment-of-objection lawsuit | 1 year from service of the objection | Art. 67 |
| Removal of objection | 6 months from service of the objection | Art. 68 |
A debtor who objects must give an address in Türkiye (Art. 62). For commercial money claims, mediation is mandatory before an annulment-of-objection lawsuit (Turkish Commercial Code Art. 5/A); the same applies to tenancy disputes, except eviction through enforcement without judgment (Law No. 6325 Art. 18/B). For rent claims, see our Alanya tenancy guide.
Can a foreign creditor collect in Türkiye, and what if the debtor lives abroad?
Yes. Foreign individuals and companies may start enforcement in Türkiye, but under Article 48 of Law No. 5718 on Private International Law they may be required to post security for costs; exemption is possible on the basis of reciprocity. A Turkish tax number is usually needed and, for a power of attorney signed abroad, an apostille or consular certification; see our tax number guide.
If the debtor lives abroad, the payment order is served through international channels. Türkiye has been party to the 1965 Hague Service Convention since 1972 and Russia since 2001; service this way usually takes months. Attachment reaches only assets in Türkiye: real estate, bank accounts, vehicles, company shares. A foreign judgment becomes enforceable in Türkiye after an exequatur (tenfiz) decision of the civil court of first instance; if the debtor has no domicile or residence in Türkiye, it may be sought in Ankara, Istanbul or Izmir (Law 5718 Arts. 50–51). Enforcing a Turkish judgment abroad depends on that country's law.
Who can go bankrupt in Türkiye, and who can use concordat?
Bankruptcy applies only to merchants and persons the law makes subject to it (Art. 43); a non-merchant individual faces enforcement by attachment only. In ordinary bankruptcy enforcement the debtor is given seven days; without objection or payment, the creditor may ask the commercial court to declare bankruptcy, a right lost one year after service of the order (Arts. 155–156). Concordat, by contrast, is open to any debtor unable, or at risk of being unable, to pay debts as they fall due (Arts. 285 ff.). The commercial court of first instance hears it; the provisional respite is three months, extendable by two, and the definitive respite one year, extendable by up to six months in difficult cases (Arts. 287, 289).
In Alanya, enforcement files are handled by the consolidated Alanya Enforcement Office; complaints and objections go to three enforcement courts, and bankruptcy and concordat to the commercial court. Gazipaşa has its own enforcement office (Alanya Justice Commission 2024 activity report). A debtor living in central Antalya may also be pursued there. See also corporate law and our Gazipaşa and Antalya pages.