Enforcement Proceedings: Başögretmen

What is Non-Judicial Enforcement?

Enforcement proceeding is the process initiated by a creditor at the Enforcement Directorate to collect a debt, with the help of the state, when the debtor fails to fulfill their obligation for any reason. There are two types of enforcement proceedings: judicial and non-judicial. Judicial enforcement is an enforcement type initiated based on a court decision. Non-judicial enforcement is a type of enforcement that can be initiated to collect monetary claims and security claims without a court decision. However, the eviction of a leased property, even if it is not considered a monetary or security claim, can also be requested through non-judicial enforcement proceedings from the Enforcement Directorate. If no objection is filed within the objection period, the payment order and enforcement proceeding become final. As understood from this; the 7-day period is a forfeiture period. You can access detailed information about enforcement proceedings instantly through the site.

What is the Objection Period for the Payment Order?

If the creditor does not have a bill of exchange such as a check, bill, or note, or a judgment (court decision), and if the receivable is not secured by a pledge or mortgage, they can initiate a general execution proceeding by going to the Enforcement Directorate. There is no obligation to attach a document proving the existence of the receivable to the enforcement request to initiate an enforcement proceeding. Attaching documents for proof of receivable would be an appropriate action as it would aid in proving the receivable. Non-judicial enforcement proceedings must be opened in authorized enforcement offices. If there is no valid jurisdiction agreement between the parties, the enforcement office in the debtor's place of residence becomes the authorized authority. If the monetary claim or security arises from a contract, the enforcement office at the place where the contract is to be performed also becomes the authorized authority in the said proceeding. In non-judicial enforcement proceedings initiated by the general execution method, if the debtor notifies their objections to the payment order sent by the enforcement administration within 7 days, the proceeding is stayed.