One of the most commonly used legal remedies in creditor-debtor relationships is enforcement without a court order. According to the Enforcement and Bankruptcy Law, even creditors who do not have a court order can apply to the enforcement office to initiate proceedings. When proceedings are initiated, a payment order is served on the debtor. However, if the debtor believes that the debt is not theirs or is invalid for other reasons, they have the right to object within a specified period.
The proceedings are suspended upon the debtor’s objection. At this point, the creditor must file a lawsuit to have the objection overturned in order to collect the debt. As of 2025, objections to payment orders and lawsuits to overturn objections are common legal processes for both creditors and debtors.
What is a Payment Order?
A payment order is an official document sent by the enforcement office to the debtor demanding payment of the debt within a specified period. It is issued upon commencement of enforcement proceedings.
-
There are different types of payment orders depending on the type of debt (ordinary receivables, bills of exchange, rent receivables, etc.).
-
The payment order includes the amount of the debt, its basis, and the payment period.
-
The debtor may object within 7 days after receiving the payment order.
A payment order has serious consequences that directly affect the debtor’s assets. If the debtor does not object within the specified time, the proceedings become final and the attachment phase begins. Therefore, taking the payment order seriously is critically important for both the debtor and the creditor.
Right to Object to a Payment Order
The debtor may object to the payment order within 7 days by submitting a written or verbal objection to the enforcement office. This objection suspends the proceedings.
-
No debt at all
-
The debt has been partially paid
-
The claim has become time-barred.
-
The debt belongs to a different person
may be objected to for such reasons.
The grounds for the objection must be clearly and explicitly stated. This is because the debtor cannot subsequently raise a new ground for objection. Errors made at this stage may lead to the case being lost.
Legal Consequences of the Objection
The debtor’s timely objection suspends the enforcement proceedings. The creditor must now go to court to continue the proceedings.
-
The appeal suspends the proceedings.
-
No seizure or sale proceedings may be conducted.
-
If the creditor does not file a lawsuit to cancel the objection within one year, the enforcement proceedings shall lapse.
If the debtor objects unjustifiably, the creditor may win the case and the debtor may be required to pay enforcement denial compensation of no less than 20%. This regulation aims to prevent malicious objections.
What is an Appeal Cancellation Case?
The lawsuit filed by the creditor to have the debtor’s objection lifted is called a lawsuit for the cancellation of the objection. This lawsuit allows the creditor to collect their debt.
-
The competent court is the district court or conciliation court at the debtor’s place of residence.
-
The lawsuit is aimed at proving the existence and validity of the claim.
-
If the case is accepted, the proceedings will continue and the debtor may face enforcement denial compensation.
The case for the cancellation of an objection is one of the most critical cases in enforcement law, often yielding swift results. It must be filed within the prescribed timeframe to prevent creditors from suffering a loss of rights.
Burden of Proof in an Appeal Cancellation Case
The burden of proof generally lies with the creditor. If the creditor cannot prove their claim, the lawsuit is dismissed.
-
Written contracts, promissory notes, invoices
-
Witness statements
-
Bank statements
-
Commercial ledger entries
are the most commonly used evidence in court.
The objections raised by the debtor must be supported by evidence. Otherwise, the court will not consider the debtor’s defense. Therefore, the evidence gathering stage is of critical importance for both the creditor and the debtor.
Time Limit for the Appeal Cancellation Case
According to the Enforcement and Bankruptcy Law, following an objection to a payment order issued to the debtor, the creditor must file a lawsuit for the cancellation of the objection within one year at the latest.
-
If no lawsuit is filed within one year, the case is dismissed.
-
To restart tracking, the process must be done from the beginning.
-
This situation causes significant time and cost losses for the creditor.
In practice, most creditors lose their rights because they miss the deadline for filing a lawsuit. Therefore, it is recommended that the process be handled by a professional lawyer.
Results of the Appeal Cancellation Case
If the court accepts the case, the debtor’s objection is dismissed and the proceedings continue from where they left off.
-
The creditor may commence attachment and sale proceedings.
-
The debtor must pay the debt.
-
If the debtor is found to have acted in bad faith, they shall be liable for damages for denial of enforcement.
If the case is dismissed, the creditor cannot initiate enforcement proceedings again for the same claim. In this case, the most appropriate course of action for the creditor is to file a claim for payment in accordance with general provisions.
Enforcement Denial Compensation
If the creditor is found to be in the right in the case for cancellation of the objection, the court may order the debtor to pay compensation for denial of enforcement.
-
The compensation rate is at least 20% of the receivable.
-
The purpose is to prevent the debtor’s bad faith objections.
-
The creditor may collect both the debt and the additional compensation.
Compensation for denial of enforcement is only awarded if the creditor is found to be in the right. Therefore, debtors should refrain from filing objections solely to prolong the process.
Application in Light of Supreme Court Decisions
According to the case law of the Supreme Court;
-
The existence of written evidence of the debt is decisive in the case.
-
The debtor’s unfounded objections are rejected.
-
If the debtor claims to have made a payment, they must provide proof of this.
Supreme Court decisions serve as guidance for lower courts. Therefore, it is important for parties to consider high court decisions when preparing their litigation strategies.
Common Mistakes in Practice
Mistakes made by the parties in appeals for the cancellation of objections can lead to the loss of the case.
-
Creditors missing the deadline for filing a lawsuit
-
Debtors’ inability to document their objections
-
Incomplete or incorrect petition preparation
-
Failure to submit evidence in a timely manner
It is crucial that the process be carried out by expert lawyers to prevent these errors.
Objecting to a Payment Order in the Digital Age
As of 2025, payment orders are now also served electronically via the e-notification and UYAP systems.
-
Notifications can be made via e-government.
-
The debtor calculates the 7-day period from the date of the e-notification.
-
Appeal petitions can be submitted through the UYAP system.
While digitization speeds up the process, it can lead to serious loss of rights if notifications are overlooked. Therefore, the e-notification box must be checked regularly.
Professional Support with Atakan Ayhan Law Firm
Objections to payment orders and lawsuits for the cancellation of objections are processes that require technical knowledge from both the creditor and the debtor. Procedures that are not carried out in accordance with the rules may result in loss of rights.
Attorney Atakan Ayhan and his team provide professional legal support in cases involving objections to payment orders and the cancellation of such objections, leveraging their expertise in enforcement and bankruptcy law.
Objecting to a payment order and the lawsuit to cancel the objection are among the most critical stages of enforcement proceedings. While the debtor’s timely objection halts the proceedings, the creditor must file a lawsuit. If the lawsuit is accepted, the proceedings continue, and the debtor may be required to pay enforcement denial compensation.
As of 2025, digital notifications and expedited trial processes have increased the importance of these cases. For both debtors and creditors, managing the process with expert support is the safest way to prevent loss of rights.
