Cancellation of Objection Lawsuit and Execution Denial...

When the debtor objects to execution without judgment, the proceeding stops. If the creditor has documents (Invoice, contract, etc.), they must file a lawsuit for the proceeding to continue.

1. Which Lawsuit Should Be Filed?

• Lifting of Objection (İtirazın Kaldırılması): If you have very strong documents such as a notarized deed, check, or promissory note, you apply to the Enforcement Court (faster).
• Cancellation of Objection (İtirazın İptali): If you only have an invoice, ordinary written contract, or email correspondence, you apply to the Civil Court of First Instance / Commercial Court of First Instance (longer but definitive solution).

2. Conditions for Cancellation of Objection Lawsuit

• Deadline: You must file it within 1 Year from the notification of the objection to you.
• Mediation: In commercial lawsuits (Business-to-Business or between merchants), it is mandatory to go to a mediator before filing a lawsuit.

3. Execution Denial Compensation

If the court decides that the debtor objected unjustly, it rules for them to pay at least 20% “Execution Denial Compensation” in addition to the principal debt.

• The purpose is to prevent the debtor from delaying payment by saying “The lawsuit will take 2 years anyway.”

Frequently Asked Questions

Q: What happens if I lose the case? A: If you, as the creditor, are found to be in the wrong (if it is understood that there is no debt) and you acted in bad faith, this time you pay 20% “Bad Faith Compensation” to the debtor.

Legal Support: You can contact us to collect your receivables and win 20% compensation.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.