Enforcement and insolvency

Enforcement without judgment

An enforcement route for money and security claims that may be initiated directly at the enforcement office without any court judgment.

All terms

Enforcement without judgment is a collection route for money and security claims that requires no prior court decision. A creditor may file a request even without any supporting document; the system's balance rests on the debtor's right to object.

Upon filing, a payment order is served on the debtor. An objection within the short statutory period automatically halts the proceeding, forcing the creditor to continue through an action for annulment of the objection or, where qualified documents exist, the summary removal procedure. Absent an objection, the proceeding becomes final and attachment follows.

A special variant of this route also covers the eviction of leased premises. Since the debtor's protection against unfounded claims depends on the objection mechanism, defective service of the payment order can cause serious loss of rights, and a complaint may be pursued once the irregular service is discovered.

Not to be confused with

İlamlı icra ile karıştırılmamalıdır: ilamlı yol bir mahkeme kararının yerine getirilmesini sağlar, bu yol ise karar olmadan başlatılır.

Statutory basis

  • İİK m.42
  • İİK m.58

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.