Defense Against Time-Barred Debts and Asset Management Companies

The “Defense” Requirement

Crucial Rule: The Judge/Officer does NOT obtain Statute of Limitations automatically. Even if a debt is 50 years old, if you do not say “I object, it is time-barred,” the court will make you pay it.

You must actively Raise the Defense (Def’i).

How to Object in Execution Proceedings?

Scenario 1: Fresh Proceeding for Old Debt

Creditor starts execution today for a debt from 2010.

• Action: You must file an objection to the Execution Office within 7 DAYS.
• Petition: “I object to the debt due to Statute of Limitations (Zamanaşımı nedeniyle borca itiraz ediyorum).”
• Result: Proceeding stops. Creditor must go to court to prove it’s not expired (very hard).

Scenario 2: Old “Forgotten” Execution File

Creditor opened a file in 2015, did nothing for 10 years, and suddenly renewed it in 2025.

• Action: You apply to the Enforcement Court (İcra Hukuk Mahkemesi).
• Request: “Cancellation of Execution Due to Statute of Limitations” (İcranın Geri Bırakılması).
• Deadline: 7 Days from the renewal notice.

Asset Management Companies (Varlık Yönetim Şirketleri)

Banks often sell “bad debts” to these companies for pennies. They then aggressively call debtors for loans from 15-20 years ago.

• Tactic: They rely on you not knowing the law. They say “We will seize your house tomorrow.”
• Reality: If the debt is 10+ years old and no action was taken in between, it is likely time-barred.
• Advice: Do NOT pay even 1 TL “as a gesture.” Paying 1 TL Interrupts the Statute of Limitations and revives the whole debt!

Certificate of Insolvency (Aciz Vesikası)

Exception: If the creditor obtained a “Certificate of Insolvency” (stating you had no assets) years ago:

• The statute of limitations extends to 20 Years from that certificate date.
• This is the main weapon of ongoing bank files.

Legal Support: Do not let zombies return from the grave. We check your old files to see if they are legally “dead” and file the necessary objections. Contact us.

Professional Legal Support

Contact us for professional legal assistance on this matter.

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

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