Turkey's Supreme Court Clarifies Procedural Steps For Initiating Enforcement Proceedings

There are two main types of enforcement actions available in Turkey, intended respectively for circumstances where a judgment exists ("Judgment-Based") and where a judgment does not exist ("Non Judgment-Based"). The highest body within Turkey's Supreme Court recently clarified that parties who have a court judgment cannot initiate Non Judgement-Based enforcement proceedings. Inconsistent practices on this topic had arisen among execution offices. These circumstances meant Turkey's judicial system had become congested with unnecessary and repetitive actions seeking to object to and annul procedurally incorrect enforcement proceedings.

Judgment-Based enforcement proceedings do not allow the counterparty any procedural opportunity to object to owing the debt.