Objection to a payment order in Türkiye: annulment and removal of objection explained

When a Turkish debtor files an objection to the payment order (ödeme emri) on time, enforcement proceedings stop (EBL Art. 66). From that moment the burden shifts to the creditor, and the deadlines on the creditor's side are short. This article explains the two ways to overcome an objection under Turkish law, the mandatory mediation step introduced for these cases in 2023, and when the court orders the losing side to pay compensation.

It is written for foreign companies that have already started enforcement proceedings in Türkiye (Turkey). For the full picture of the enforcement process, read debt collection in Türkiye; for the stages of a file, see how a debt recovery matter proceeds.

Removal or annulment: the two options side by side#

What the objection does#

Under Article 62 of the Enforcement and Bankruptcy Law (Law No. 2004) ("EBL"), the debtor may object to the enforcement office within 7 days of service of the payment order. Three features of the objection shape the creditor's options:

• Timing. A late objection does not stop enforcement; the creditor can ask the office to continue (EBL Art. 66).
• Partial objections. A debtor that objects to part of the debt must state which part. Otherwise the objection is treated as not made, and enforcement continues for any undisputed amount.
• Denial of signature. If the debtor denies its signature on the document relied on, it must say so expressly; otherwise the signature is treated as accepted for the enforcement proceedings (EBL Art. 62). A signature denial leads to the provisional removal procedure in EBL Art. 68/a.

The enforcement office serves the objection on the creditor. Both the 6-month and the 1-year deadlines run from that notice.

If a precautionary attachment is in place#

If the creditor obtained a precautionary attachment and the debtor then objects to the payment order, the timetable is much tighter. The creditor must apply for removal of the objection or sue within 7 days of notice of the objection; if the enforcement court refuses removal, a lawsuit must follow within 7 days (EBL Art. 264(2)). Missing these deadlines voids the attachment. Mediation Law Art. 18/A(16) suspends only the separate deadline in EBL Art. 264(1) during mediation; there is no express rule for the 7 days after an objection. In attachment files, the route should be chosen the day the objection is served.

Option 1: removal of objection (itirazın kaldırılması)#

Which documents qualify. Under EBL Art. 68, removal is available if the claim rests on a document containing an acknowledgment of debt whose signature has been acknowledged or notarized, or on a receipt or document issued by a public authority within its powers. In practice, the most common examples are:

• a balance confirmation or debt acknowledgment signed by the debtor;
• a payment undertaking signed before a notary;
• documents issued by public bodies that show the debt.

An invoice issued by the creditor, without a separate document showing the debtor's acceptance, generally does not qualify.

Deadline and procedure. The creditor applies to the enforcement court within 6 months of being notified of the objection. If it does not, a new enforcement without a judgment cannot be brought (EBL Art. 68(1)). If the debtor cannot produce a document supporting its objection, the court removes it; if the debtor's objection itself rests on a qualifying document, the application is rejected.

How the hearing works. The enforcement court decides on the documents. Claims and defenses raised for or against removal cannot be held over pending another case, except that a debtor claiming that an inherited estate is insolvent is given time to obtain a judgment (EBL Art. 68). If the creditor denies the signature on a document the debtor relies on and the signature turns out to be the creditor's, removal is refused and the creditor is fined 10% of the value concerned.

Provisional removal. If the claim rests on a private document and the debtor denied its signature, the creditor may apply within 6 months for provisional removal. If the court concludes that the signature is the debtor's, it removes the objection provisionally and fines the debtor 10% of the claim (EBL Art. 68/a).

Compensation. If removal is granted on the merits, the debtor pays compensation of at least 20% on the creditor's request; if it is refused on the same grounds, the creditor pays (EBL Art. 68).

Option 2: action for annulment of objection (itirazın iptali davası)#

What it is. A full lawsuit in which the creditor proves the claim under the general rules (EBL Art. 67(1)). Invoices, the contract, delivery documents, correspondence, commercial books, witnesses and expert review can all be used.

Deadline. The action must be filed within 1 year of notice of the objection. The Istanbul Regional Court of Appeal, 43rd Civil Chamber, held that the period starts only when the objection is formally served on the creditor, or an equivalent step is taken; learning of the objection informally or applying to mediation does not start it (E. 2023/1538, K. 2024/41, January 18, 2024). It is still safest to count the year from the earliest possible date.

Preparing the statement of claim. The points most often missed are:

• the enforcement office, file number and the date the objection was served;
• the original mediator's final report or a copy certified by the mediator;
• an express request to annul the objection and continue enforcement;
• a separate, express request for compensation for denial of the debt;
• a calculation table showing interest start dates and partial payments;
• a power of attorney that covers litigation and mediation.

If the deadline is missed. The creditor keeps the right to sue on the debt under the general rules (EBL Art. 67). The stopped enforcement file, however, cannot be continued through an annulment action.

Mediation before the annulment action#

In commercial cases, money claims, compensation claims, actions for annulment of objection, negative declaratory actions and actions for restitution require an application to mediation before filing (Article 5/A of the Turkish Commercial Code (Law No. 6102) ("TCC")). Actions for annulment of objection were added by Article 31 of Law No. 7445, in force since September 1, 2023.

• Where to apply: the mediation office at the place of the competent court (Article 18/A(4) of Law No. 6325 on Mediation in Civil Disputes, the "Mediation Law").
• Duration: 6 weeks from the mediator's appointment, extendable by up to 2 weeks (TCC Art. 5/A(2)).
• Effect on the 1-year period: limitation periods are suspended and preclusive periods do not run from the application until the final report (Mediation Law Art. 18/A(15)).
• Final report: it must be attached to the statement of claim; if it is missing, the court gives one week to file it, and a case filed without any mediation application is dismissed (Mediation Law Art. 18/A(2)).
• Missing the first meeting: a party absent without a valid excuse bears half of the litigation costs even if it wins (Mediation Law Art. 18/A(11)).
• Power of attorney: the lawyer needs express authority to use alternative dispute resolution (Code of Civil Procedure (Law No. 6100) ("HMK") Art. 74).

If the parties settle, an agreement signed by both sides' lawyers and the mediator in a commercial dispute counts as a document equivalent to a judgment (Mediation Law Art. 18(4)). Where the contract contains an arbitration clause, mandatory mediation does not apply (Mediation Law Art. 18/A(18)). See mandatory mediation.

If mediation ends in settlement#

The parties may ask the magistrate court where the mediator works to certify the settlement as enforceable (Mediation Law Art. 18(2)). In commercial disputes, a settlement signed by both sides' lawyers and the mediator counts as a document equivalent to a judgment without that certification (Mediation Law Art. 18(4)), and no lawsuit can be brought on the matters settled (Art. 18(5)). If the settlement provides for instalments, draft it so that a missed instalment can be enforced directly.

Compensation for denial of the debt (icra inkâr tazminatı)#

The rule. If the court finds the debtor's objection unjustified, it orders the debtor, on the creditor's request, to pay compensation of no less than 20% of the amount awarded (EBL Art. 67(2)). The amount is calculated on the claim stated in the enforcement request or the lawsuit.

Conditions. The Court of Cassation, Assembly of Civil Chambers, lists them: duly conducted enforcement proceedings, a timely objection, a lawsuit filed within 1 year, success on the merits and a request for compensation. The debtor's bad faith and a written document are not required. In addition, the claim must be liquid (E. 2017/2332, K. 2021/665, June 3, 2021).

Liquidity. In the same decision, a claim is liquid if its amount is fixed, or if all elements needed to calculate it are known, so that the debtor could determine on its own how much it owes. Where the amount or the interest becomes clear only through an expert report, compensation may be refused.

In practice. Compensation is not automatic. Request it expressly in the statement of claim, and present the calculation of principal, interest start dates and partial payments in a form the debtor could have checked itself.

The debtor's remedies and when the creditor pays#

If the court finds that the creditor enforced unjustly and in bad faith, it orders the creditor, on the debtor's request, to pay compensation of at least 20% (EBL Art. 67(2)). Losing the case is not enough; bad faith is required.

A debtor also has its own actions under EBL Art. 72:

• Negative declaratory action: a declaration that no debt is owed, before or during enforcement. If filed before enforcement, the court may stop enforcement by injunction against security of at least 15% of the claim. If filed after enforcement has started, enforcement cannot be stopped, but the debtor may, against the same security, prevent payment of collected money to the creditor.
• Action for restitution: a debtor that paid money it did not owe because it did not object, or because its objection was removed, may sue to recover it within 1 year of payment.

If the negative declaratory action succeeds and the enforcement that forced it was unjust and in bad faith, the debtor recovers its damage, which cannot be less than 20% of the claim. In commercial matters these actions are also subject to mandatory mediation (TCC Art. 5/A).

Partial claims after Law No. 7589#

Law No. 7589 (adopted July 16, 2026) repealed the unquantified-claim action in former HMK Art. 107. A new HMK Art. 109(4) allows a claimant that sued for only part of a claim to increase the amount once, until the end of the evidence stage, without the usual restriction on expanding a claim. The limitation period is treated as interrupted for the increased part from the date of filing.

An annulment action is limited to the amount in the enforcement proceedings. Further amounts not included in the enforcement request need a separate claim, and the partial-claim rule applies there. See the Law No. 7589 update.

Which option fits which file#

Bottom line#

Once the debtor objects, record the date the objection was served on you and look at your documents. A debt acknowledgment signed by the debtor opens removal of objection within 6 months. Without one, a commercial creditor applies to mediation and files the annulment action within 1 year, with an express request for compensation for denial of the debt. Mediation suspends the year, but leaving the filing to the last weeks adds avoidable risk.

Frequently asked questions

Law stated as at: October 11, 2026. Leyla Başkaya Şentürk is a lawyer (avukat) admitted to the Istanbul Bar Association, Türkiye (Reg. No. 67063). She advises on Turkish law only, is not admitted to practise law in any U.S. jurisdiction and does not advise on U.S. law. Content on this website is general information, not legal advice, and no outcome is promised. Using this website or submitting the contact form does not create an attorney-client relationship.