Objecting to a payment order: the seven-day limit

In enforcement proceedings without a judgment, the creditor can start enforcement without a court decision. The payment order sent to the debtor is therefore both a demand for payment and the start of a short period for objection.

Time limit and form

Under Article 62 of the Enforcement and Bankruptcy Law, a debtor who wishes to object must notify the enforcement office in writing or orally within seven days of service of the payment order. A debtor objecting to only part of the debt must state the disputed part and amount clearly; otherwise the objection is treated as not made.

If the signature on the instrument relied on is not the debtor's, this must be stated separately and expressly; otherwise the debtor is deemed to accept the signature for the purposes of enforcement. The objecting debtor must also give an address in Türkiye.

Different limits for bills of exchange

If enforcement is based on a cheque, promissory note or bill of exchange, a special procedure applies. Under Article 168, complaints about the instrument's nature, signature objections and objections to the debt must be filed with the enforcement court within five days. Because both the time limit and the forum differ, the type of payment order should be read carefully.

What happens after an objection?

A timely objection stops the proceedings. Under Article 67, the creditor may file an action to set aside the objection in the general courts within one year of service of the objection. If the claim is based on an acknowledged or notarised admission of debt or an official document, the creditor may also ask the enforcement court to lift the objection within six months under Article 68.

In these proceedings, the losing party may be ordered, on request, to pay compensation of at least twenty per cent. An objection should therefore not be made without grounds merely to gain time.

Our view

Seven days is short, and a missed deadline is often hard to repair. Reviewing the payment order, its type and date of service as soon as it arrives gives the time needed to choose the right route. Whether service was valid can also change how the deadline is calculated.

Related reading: Enforcement and insolvency.