You may receive a payment order from someone to whom you owe nothing, or face enforcement for a debt you have already paid. Sometimes you only learn of the proceedings when your bank account is attached.
The initiation of enforcement does not, by itself, establish that the claimed debt exists. However, assuming “I owe nothing, so I do not need to act” may lead to a loss of rights. The appropriate remedy depends on the type of proceedings, service of documents and the stage of the file.
Can enforcement be started when I owe nothing?
In ordinary enforcement without a judgment, the person claiming to be a creditor does not always need a prior court judgment. A payment order may therefore be sent for a debt that never arose, has already been paid or has been calculated incorrectly.
On receiving the order, first examine who the creditor is, the basis of the claim and the amount requested. Contracts, bank transfer records, receipts and correspondence are important.
How long do I have to object?
In ordinary enforcement without a judgment, the objection period is seven days from service of the payment order. The objection is submitted to the enforcement office. A valid objection made in time stops the proceedings in respect of the disputed part.
You may object to all or part of the debt, interest and, where the conditions exist, jurisdiction. If the signature on the private instrument relied on is not yours, an objection to the signature must be stated separately and explicitly.
The period and application method are not the same for all proceedings. Enforcement based on cheques or promissory notes, and enforcement based on a court judgment, require separate assessment.
Can I dispute the debt after missing the objection deadline?
Finalisation of enforcement because no objection was made is not equivalent to a court judgment establishing that the debt exists.
If you contend that you owe nothing, an action for a declaration of non-indebtedness may be relevant. Depending on the conditions, other remedies may also be considered where service was defective or you could not object through no fault of your own.
It is important to establish why the deadline was missed and when you learned of the file.
What is an action for a declaration of non-indebtedness?
This action asks the court to establish that a debt does not exist. It may concern, for example, a debt relationship that never arose or a claim pursued again after payment.
Does this action stop enforcement?
Filing the action does not automatically stop enforcement. If brought before enforcement begins, an interim measure stopping enforcement may be granted against security. If brought after enforcement starts, Article 72 of the İİK does not allow enforcement to be stopped by an interim measure; where the conditions exist, payment to the creditor of money held by the enforcement office may instead be prevented against security. This distinction is important when assessing attachment risk. (app.e-uyar.com)
Is service valid if the document was left with the neighbourhood head?
Leaving a document with the neighbourhood head (muhtar) does not by itself mean that service is defective. Validity depends on the applicable provision and whether the required steps were followed.
In defective service, the date of actual knowledge is important. Under the Notification Law, the date on which the recipient learned of the notification may be taken into account. Appropriate applications must nevertheless be made in time for this to have an effect in the file. (mevzuat.adalet.gov.tr)
You should therefore not wait on the assumption that “I did not receive the document personally, so the period has not started”.
How can I prove that I owe nothing?
The burden of proof depends on the parties’ assertions and the document underlying the debt.
Denying that a debt relationship ever existed differs from accepting that a debt arose but asserting that it was later paid. Bank records and receipts are important for a payment defence, while the nature of the instrument and the objections raised require separate examination in instrument-based disputes.
The basis of the assertion and the documents should therefore be considered together rather than relying only on “I owe nothing”.
Can I recover money paid to the enforcement file when I did not owe it?
If you were compelled to pay money you did not owe under threat of enforcement, recovery through an action for restitution may be possible if the conditions exist. The one-year period from payment is important under Article 72 of the İİK.
If payment is made during an ongoing action for a declaration of non-indebtedness, continuation of the case as a restitution action may also arise.
What should be done first when faced with unjustified enforcement?
The payment order, service documents and documents underlying the proceedings should first be examined. The objection deadline, whether enforcement has become final and any attachment measures should then be checked.
Making the correct application in time is as important as having documents showing that no debt exists. The appropriate route—objection, complaint concerning defective service, declaration of non-indebtedness or restitution—depends on the particular file.
You may arrange an appointment with our law office for detailed information on these matters.