An objection to a payment order suspends the enforcement proceeding, and the debtor has only 7 days to file it. The creditor, in turn, may apply to the general courts within 1 year of being served with the objection, seeking a ruling that annuls the objection and allows the proceeding to continue. For a creditor based abroad, this period runs far tighter than it looks, given the time consumed by cross-border service of process and document traffic. As of 2026, this is the point most frequently missed in practice.
The Two Paths Open to the Creditor After an Objection
When the debtor objects to the enforcement proceeding, the creditor has two possible courses of action. The first is an action to annul the objection (itirazın iptali davası). This is a full claim filed before the general courts, requiring a complete trial on the merits that ultimately establishes the objection was unfounded. The second is a request for removal of the objection (itirazın kaldırılması). This route proceeds before the enforcement court and is only available if the creditor holds a document bearing the debtor’s signature that is either notarized or of a type specifically listed in the law.
The relevant legal basis is Articles 67 (action to annul the objection) and 68 (removal of the objection) of the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu). In our view, a creditor who holds the necessary document should try the removal-of-objection route first, since that procedure moves faster. However, a creditor who loses on that route still retains the right to bring an action to annul the objection. For this reason, the two paths are best read not as alternatives to one another but as sequential options.
Consider a concrete example. A Dubai-based supplier initiates enforcement proceedings against an Istanbul company for the price of goods delivered. The company objects to the debt. If the supplier holds only email correspondence and invoices, these will most likely fall short of the documentary standard required for removal of the objection. In that case, proceeding directly to an action to annul the objection is the sensible starting point.
Practical Hurdles Facing Foreign Creditors
The legal principle governing an action to annul the objection is the same for foreign and domestic creditors alike. The difference lies in practical logistics. A power of attorney executed abroad may require an apostille or consular certification, together with a sworn translation, depending on the country and the manner of execution. Preparing the power of attorney can take weeks, and the limitation period makes no allowance for that delay.
Service of process is another area of risk. The objection is typically served on the attorney handling the enforcement proceeding, and the 1-year period runs from that date. If communication between the attorney and the creditor breaks down, the period can expire without the creditor ever knowing. For this reason, it is important to keep the address and service details in the file current from the moment the proceeding begins.
Security for costs is another issue. A claimant with no place of residence in Turkey may be required, at the defendant’s request, to post security for litigation costs. Because international treaties and the principle of reciprocity can eliminate this obligation, the creditor’s nationality should be checked beforehand. Jurisdiction depends on the nature of the claim: commercial claims go to the commercial courts of first instance, while other claims go to the civil courts of first instance. In practice, having to refile a case because the wrong court was chosen is a common and costly waste of time.
The Mediation Debate and Preserving the Limitation Period
In disputes over commercial monetary claims, applying to a mediator is a mandatory precondition to filing suit. Whether an action to annul an objection falls within this requirement is disputed among legal scholars. One view holds that, because the action is tied to the enforcement proceeding itself, it falls outside the scope of mandatory mediation. The other view looks to the nature of the underlying claim and treats mediation as mandatory.
Our approach favors caution. Risking a procedural dismissal while this debate remains unsettled is especially costly for a creditor based abroad. For this reason, in commercial claims the application to a mediator should not be left until the end of the limitation period. Applying to a mediator also suspends the running of the period, which helps preserve it.
Compensation for Denial of Debt (İnkâr Tazminatı) and How the Case Proceeds
The purpose of the lawsuit is to show that the objection was unfounded. If the claim is liquid, meaning it can be precisely determined, and the debtor’s objection turns out to be unjustified, the court may order the debtor to pay compensation for denial of debt (icra inkâr tazminatı). The law sets this compensation at no less than twenty percent of the claim. Conversely, if the creditor is found to have pursued the proceeding in bad faith, this same compensation may instead be awarded against the creditor.
At this stage, proof of the claim is decisive. Presenting the contract, invoice, shipping documents, and correspondence in an organized manner largely shapes how the case unfolds. Sworn translation of documents drawn up in a foreign language also speeds up the proceedings. We addressed the general framework for collecting corporate receivables separately in our article on the enforcement and litigation process.
Note that Law No. 7589 of 31 July 2026 also introduced several changes to enforcement law. The current text of the provisions on time limits and procedure, as in force on the date the proceeding is initiated, must always be checked.
Conclusion: What Order Should Be Followed?
To manage the process soundly, the following sequence can be followed. First, establish the exact date the objection was served and mark the one-year period on the calendar. Next, check whether a notarized document, or one bearing the debtor’s signature, is available. If so, consider the Article 68 route; if not, prepare directly for an action to annul the objection. In commercial claims, apply to a mediator early. Powers of attorney and translations coming from abroad should be planned for from the outset, outside the litigation timeline itself.
Disputes of this kind form part of our broader approach to enforcement and debt collection. Each file must be assessed on its own documentation and timeline.
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