With the advancement of technology, digitization has become inevitable in the judicial system. In Turkey, the electronic notification system (e-notification), which came into effect in 2019, has largely replaced traditional paper-based notification methods. Courts, enforcement offices, and other official institutions now deliver their notifications to the parties electronically. Although this system provides great convenience due to its speed and security, it can cause the parties to miss deadlines in some cases.
Failure to open, overlooking, or being unable to access e-notifications due to technical reasons may result in significant loss of rights. Because Electronic notification shall be deemed to have been made at the end of the fifth day following the date of dispatch. and the time limits begin to run from that date. Therefore, missing the time limits for electronic notification may lead to consequences that are difficult to remedy.
What is Electronic Service of Process?
Although electronic notification is faster and more reliable than traditional notification methods, it can be a difficult process to get used to, especially for people who do not actively use technology. Older individuals or small business owners, in particular, may miss deadlines because they do not regularly monitor the e-notification system. Therefore, it is important to raise awareness and inform users about how the system works.
- It is done through the National Electronic Notification System (UETS) established by the Ministry of Justice.
- E-notification addresses are created by PTT.
- It has been made mandatory for lawyers, companies, public institutions, and certain individuals.
- Notifications sent to individuals’ e-notification addresses are considered to have been legally served.
The most important feature of electronic notification is that it is both fast and officially valid. However, this feature can also make it easier to miss deadlines.
The Legal Nature of Electronic Service of Process
Electronic service of process has the same legal consequences as paper service of process. In other words, when a complaint, writ of execution, or court order is served via e-service, it is considered valid as if it had been served physically.
- Notifications made electronically are official.
- The time periods begin to run from the date the e-notification is deemed to have been served.
- The parties’ defense that they “were not informed” is not valid.
Therefore, it is crucial that the parties regularly check their e-notification addresses.
How Do Deadlines Work in Electronic Notification?
The commencement of time periods often leads to misunderstandings. Users typically consider the day they read the e-notification message, but legally, time periods begin to run on the 5th day after the date of dispatch. This misconception leads to loss of rights. Therefore, the parties must strictly base their time calculations on the “legal notification date.”
For example:
- An e-notification sent on March 1, 2025, shall be deemed to have been served on March 6, 2025.
- If the party has a 7-day right to object, this period begins on March 7, 2025.
Therefore, the parties must be careful when calculating the time periods.
Consequences of Missing Deadlines
Missing deadlines can have significant consequences not only for individuals but also for companies. In particular, losing the right to file a lawsuit or appeal in commercial disputes can lead to serious financial losses for companies. For this reason, companies establish special departments to regularly monitor the e-notification system or obtain services from professional law firms.
- If no objection is raised to the enforcement proceedings, the proceedings become final and attachment proceedings commence.
- If the deadline for appealing the court decision passes, the decision becomes final.
- The right to file a lawsuit or defend oneself may be lost.
- The trial process may result in adverse consequences for the party.
For this reason, regular monitoring of the e-notification system is critically important for both companies and individuals.
What to Do When the Deadline Has Passed
If the e-notification period is missed, certain legal remedies come into play.
- Restoration: If there is a valid reason, a request may be made for the time limits to start running again.
- Objections and appeals: In cases of late applications, courts may accept the application if there is a valid reason.
- Complaints and appeals: If incorrect notification has been made, particularly in enforcement proceedings, an application may be made to the enforcement court.
- Applications to the Constitutional Court and the European Court of Human Rights: Applications may be made alleging a violation of fundamental rights after exhausting domestic legal remedies.
These avenues are the most important mechanisms that the parties can resort to if they miss the deadline.
Restoration Institution
Although the restoration of original condition may seem like a lifesaver, courts have imposed quite strict conditions on this claim. Simple negligence or carelessness is not considered sufficient grounds for restoration. However, reasons truly beyond the party’s control, such as illness, natural disasters, or systemic failures, are accepted by the courts.
- The party that misses the deadline must prove the reason for the delay.
- The request for restoration must be made within 15 days of the expiration of the period.
- If the court finds the excuse valid, the time limit will start running again.
For example, a person’s inability to follow e-notifications due to health issues may be a reason for reinstatement.
Advantages of Electronic Service of Process
Although the e-notification system carries certain risks, it also offers many advantages.
- Notification procedures are accelerated.
- Paper, postage, and time costs are reduced.
- The risk of the notification being lost is eliminated.
- The parties are able to follow the processes more quickly.
Due to these advantages, the e-notification system is considered a major reform in terms of the digitization of the judiciary.
Risks of Electronic Service of Process
One of the most significant risks of electronic notification is technical malfunctions. Particularly during periods of high system traffic, notifications may be delayed or fail to reach the user. However, according to Supreme Court case law, such technical malfunctions are generally not accepted as grounds for excuse. This is because it is the responsibility of the parties to regularly check their UETS account.
- Users not regularly checking the system
- Technical malfunctions and system errors
- Failure to notice email notifications
- Security vulnerabilities
Due to these risks, it is the responsibility of the parties to regularly check their e-notification address.
Application in Light of Supreme Court Decisions
The Supreme Court has issued numerous rulings regarding electronic service of process.
- If the notification is not made in accordance with the procedure, the transaction shall be deemed invalid.
- Failure to open the e-notification address shall not be considered an excuse.
- The time periods begin at the end of the 5th day after the notification is made.
These decisions highlight the need for the parties to manage the e-notification process more carefully.
Electronic Service of Process in the Digital Age
With technological advances, the e-notification system has become not only a legal requirement but also a tool for digital transformation. Thanks to the mobile applications developed, notifications are instantly delivered to the parties’ phones. However, despite this, missed deadlines due to user ignorance or carelessness cannot be completely eliminated.
Digitalization and E-Notification in 2025
By 2025, the e-notification system has become even more advanced.
- Notifications can be sent via the UETS mobile application.
- Thanks to e-government integration, users can easily receive notifications.
- The tracking of notifications has been accelerated with AI-supported systems.
Although digitization simplifies the notification process, it cannot prevent missed deadlines if the parties involved are not careful.
Professional Legal Support
E-notification and time management can often be complicated for individuals. It is important to have legal processes monitored by expert lawyers to avoid losing rights. Obtaining legal advice, especially during critical stages such as enforcement proceedings, filing deadlines, and appeals, leads to favorable outcomes for the parties involved.
Electronic notification is an application that provides significant convenience in the judicial system. However, failure to observe deadlines can lead to serious loss of rights. Although legal mechanisms such as reinstatement may come into play if deadlines are missed, the safest approach is to regularly check the e-notification address.
By 2025, e-notification has become an indispensable part of the digitizing judicial system. The adaptation of individuals and companies to this system will both prevent loss of rights and accelerate judicial processes.
