FAQ

Enforcement law FAQ: objecting to payment orders, salary and home seizure, negative declaratory actions and bankruptcy proceedings. Istanbul enforcement lawyer answers all.

Execution Law FAQ

What should I do when I receive a payment order?

You can object to the debt within 7 days. If you accept the debt, you can make payment. If you have doubts, be sure to consult a lawyer.

Can my entire salary be seized?

No, maximum 1/4 of salary can be seized. For alimony debts, this rate can increase to 1/2.

Can my house be seized?

A house suitable for your condition cannot be seized. However, if the house value is well above the need, it can be sold and the difference given to the creditor.

My bank account was blocked, what should I do?

You can object by proving that the money in the account is salary or pension.

How long does execution proceedings take?

If the debtor does not object, collection can be made in about 1-2 months. In case of objection, the period extends.

Frequently Asked Questions

Is a lawyer mandatory in enforcement proceedings?

It is not legally mandatory, but choosing the correct enforcement track (with or without judgment), managing seizure stages within Enforcement Code deadlines and pursuing third-party ownership claims make legal counsel valuable. On the debtor side, the 7-day objection, 8-day complaint and one-year negative declaratory windows are critical and call for professional advice. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Is imprisonment still applied for bounced cheques?

Under art. 5 of the Cheque Act no. 5941, the drawer of a dishonoured cheque faces a judicial fine of up to 1,500 days, which may be converted into imprisonment if unpaid. The complaint must be lodged within 3 months of learning of the dishonour, and in any case within 1 year. A ban on issuing cheques and opening accounts is also imposed. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • 5941 sayılı Çek Kanunu

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