ENTRANCE
1-) Definition and Legal Nature
Pursuant to Article 67 of the Enforcement and Bankruptcy Code (EBL), an action for annulment of an objection is a debt action subject to a
statute of limitations, filed by a creditor to ensure the continuation of non-judgment enforcement proceedings that have been suspended due to
the debtor’s objection to a payment order. When the court rules to annul an objection, the proceedings suspended due to the objection are
resumed at the creditor’s request. This action involves both substantive law (the existence of the claim) and procedural law (the procedural
propriety of the proceedings, the duration of the objection, etc.).
2-) Legal Basis: EBL Article 67 and Related Provisions
The action for annulment of an objection is essentially regulated in Article 67 of the Enforcement and Bankruptcy Code. The article states, “The creditor
whose request for enforcement proceedings is objected to may file a lawsuit to annul the objection within one year from the date of notification of the
objection.” The regulation includes a specific provision regarding the limitation period. In this context, it should be evaluated in conjunction with other
articles of the Enforcement and Bankruptcy Code (e.g., Articles 68 and following).
3-) Conditions of the Case and Mandatory Elements
The main conditions for filing a lawsuit for annulment of objection are as follows:- There must be a proper and valid non-judgment enforcement proceeding (the proceeding must be initiated in accordance with the law).- The debtor must have objected to the payment order within the time limit (the compliance of the objection with the time limit and the determination of the
notification date are important).- The objection must be notified to the creditor (notification of the objection determines the start of the one-year limitation
period).- The creditor must apply to the court within the one-year limitation period.
The absence or deficiency of each of these elements will result in a lapse of rights or a condition for filing a
lawsuit; therefore, these must be clearly and documented in the petition.
4-) Limitation Period: Commencement, Nature and Application Problems
Duration:Pursuant to Article 67 of the EBL, actions to annul an objection are subject to a one-year limitation period. This period begins
to run from the date the objection is notified to the creditor; the filing of the objection or its inclusion in the enforcement file is not
sufficient to trigger the limitation period. The limitation period is a decisive right in terms of substantive law and has definitive
consequences.
Disagreements in the application:Frequently debated issues in practice include when the objection is
notified, how proof of service is provided, and the starting date of the period for repeated/continuous cases.
Court of Cassation decisions and HGK precedents are guiding on this point.
5-) Trial Procedure- The action for annulment of objection is subject to the general provisions (HMK) in terms of trial procedure.- The debtor is not bound by the grounds for objection they submitted when objecting to the payment order in their
response to the objection case within the response period. The debtor may state all grounds for defense in their
response and second response petitions (HCP Article 141).- The debtor must also raise the same grounds for objection as they did when objecting to the payment order in the action for
annulment of the objection. Otherwise, the court hearing the action for annulment of the objection will not automatically consider that
ground.
6-) Conditions Required for the Court to Award the Debtor Execution Denial
Compensation (Art. 67/2)
1-A proper non-judicial enforcement proceeding must have been carried out.
If the non-judgmental enforcement action is terminated based on a complaint, the court will proceed with the action to annul the objection filed
before the enforcement action is terminated as a regular debt case. In this case, even if the defendant debtor loses the case, no compensation
for denial of enforcement will be awarded.
2-The Debtor Must Have Objected to the Payment Order Within the Time Limit (7 Days)
3-A lawsuit for the cancellation of objection must be filed within the one-year period for filing a lawsuit for the cancellation of objection.
4- The Creditor Must Clearly Demand Execution Denial Compensation
5- The creditor does not have to prove that the debtor objected in bad faith in order to be
awarded compensation for the denial of execution.- However, if the person objecting to the payment order is the debtor’s parent, guardian, trustee or heir, in order to be
awarded enforcement denial compensation, it must be proven that these persons objected to the payment order in bad
faith.
6- The Creditor Must Be Justified/The Case for Cancellation of Objection Must Be Accepted/The Debtor’s Objection Must Be Cancelled
7- In order for Enforcement Denial Compensation to be Awarded, the Receivable Must Be Liquid (Determinable)- If the receivable is liquid, the debtor is wrong in his objection; if the receivable is illiquid, the debtor is right in his objection.
8- Enforcement Denial Compensation Cannot Be Less Than Twenty Percent of the Awarded Receivable
If the debt in question is paid while the objection cancellation lawsuit is ongoing, the lawsuit will be null and void. In this case,
the court must order the defendant debtor to pay litigation costs and compensation for the denial of enforcement.
7-) Cases in which a lawsuit for annulment of objection cannot be filed
In some cases, it’s not possible to file a lawsuit to annul an objection. For example, these situations include:- In cases where the debtor only objects to pending litigation, an action to annul the objection cannot be filed. In
cases where the debtor only objects to jurisdiction, an action to annul the objection cannot be filed.- If the enforcement proceedings have been changed from foreclosure to bankruptcy, a lawsuit for annulment of objection cannot be filed.
- If one year has passed since the objection was notified to the creditor, a lawsuit for annulment of the objection cannot be filed.- Action for the annulment of objections regarding gambling and betting receivables, in accordance with the provision in Article 604 of the
Turkish Code of Obligations, which states that “No lawsuit can be filed or pursued regarding receivables arising from gambling and betting”
cannot be opened.
😎 Period for the Action for Cancellation of Objection- The deadline for filing a lawsuit to annul an objection is regulated in Article 67 of the Enforcement and Bankruptcy Law. Accordingly, a lawsuit
to annul an objection must be filed within one year from the date of notification of the objection.
Article 67 of the EBL:The creditor whose enforcement request is objected to may apply to the court within one year from the date of
notification of the objection and file a lawsuit to annul the objection by proving the existence of the receivable within the framework of general
provisions.- The one-year period for filing a lawsuit to annul an objection is a statute of limitations, and if the lawsuit is not
filed within one year, the right to file a lawsuit expires. The Supreme Court of Appeals has also issued similar
rulings.
Decision of the 19th Civil Chamber of the Supreme Court of Appeals, dated 24.01.2012, numbered E. 2011/7316 and K.
2012/754;
“…As a result of the trial conducted by the court and the evidence collected, it was decided to dismiss the case on the grounds that the one-year
period stipulated in Article 67 of the Enforcement and Bankruptcy Code, which was filed on 12.4.2000 after the one-year period had elapsed,
should be observed ex officio because it is a limitation period. The judgment was appealed by the plaintiff’s attorney. Based on the documents
in the file, the evidence on which the decision is based, and the compelling reasons, all the appeals of the plaintiff’s attorney, which were
deemed to be inappropriate, are rejected and the judgment, which is found to be in accordance with procedure and law, is APPROVED…”- The one-year period begins from the notification of the objection to the creditor, and if the debtor’s objection has not
been notified to the creditor, the one-year period for filing a lawsuit to annul the objection does not begin.
The period does not begin. The Supreme Court also has decisions to this effect.
Decision of the 19th Civil Chamber of the Supreme Court of Appeals, dated 11.05.2010, numbered E. 2009/9333
and K. 2010/5878;
“…The one-year limitation period for filing a lawsuit to annul the objection begins on the date the debtor’s objection is notified
to the creditor. In the specific case, no information or documents regarding the notification of the objection to the creditor
were found in the file. In this case, the court should have accepted that the case was filed within the timeframe and proceeded
to the merits of the matter, but it was deemed inappropriate to dismiss the case on the grounds of time limitation on grounds
inconsistent with the specific case…”
9-) The Court of Jurisdiction for the Cancellation of Objection
Since the objection cancellation case is a case heard in accordance with general provisions, the competent court in the objection
cancellation case is determined in accordance with Articles 1 and following of the Code of Civil Procedure No. 6100, depending on the
amount and nature of the receivable.
1-)General Jurisdiction Court – Civil Court of First Instance: “The court has jurisdiction in cases concerning property rights,
regardless of the value and amount of the subject matter of the case, and in cases concerning personal assets, and the Civil
Court of First Instance has jurisdiction in cases of annulment of objection, unless there is a regulation to the contrary”.
2-)Civil Court of Peace: If the action for annulment of objection is brought due to disputes stated in Article 4 of the Civil
Procedure Code, for example, due to rent receivables, the competent court is the Civil Court of Peace.
3-)Commercial Court: The competent court for the annulment of objections filed for commercial receivables is the
Commercial Court of First Instance.
4-)Labor Court: The court competent for the annulment of objections filed for receivables arising from employment
relations is the Labor Court.
5-)Consumer Court: The Consumer Court is the competent court in the case of cancellation of objection filed for
receivables arising from consumer transactions.
6-)Family Court: The Family Court is the competent court in the case of annulment of objection filed for
receivables arising from family-divorce law.
7-)Intellectual and Industrial Property Rights Court: Cancellation of objections filed for receivables arising from intellectual rights such as
trademarks and patents, in other words, from the Industrial Property Law and the Intellectual and Industrial Property Rights Law.
The competent court in the case is the Intellectual and Industrial Property Rights Court.
10-) Competent Court for Cancellation of Objection
Since the competent court in an objection cancellation case is not specifically regulated in the Enforcement and Bankruptcy Law, it is determined
within the framework of the jurisdictional rules of the Civil Procedure Law No. 6100. Unlike requests for negative determination, complaints, or
requests for the removal of objections filed under the Enforcement and Bankruptcy Law, the rule that “the court where the enforcement office is
located has jurisdiction” does not apply in an objection cancellation case. Accordingly, the competent court must be determined in accordance
with Article 6 and the following provisions of the Civil Procedure Code:
General Authority Rule:The court where the defendant (debtor) resides also has jurisdiction.
Authority Condition in the Contract:If there is a jurisdiction clause in the contract between the parties, the court that complies with this clause may also
have jurisdiction.
Special Authority Rules:In some cases and in exceptional circumstances specified in special laws, the competent court must
be determined in accordance with the specified jurisdictional rules. For example, the court of the consumer’s domicile in
consumer transactions, or the optional jurisdiction rule in torts.
Decision of the 17th Civil Chamber of the Supreme Court of Appeals, dated 24.06.2011, numbered E. 2011/5095 and K.2011/6639
(Decision of the Supreme Court of Appeals on the Determination of the Competent Court in the Case of Cancellation of
Objection According to the General Provisions (HMK));
“…No special jurisdiction is provided for appeal annulment cases. The competent court must be determined
in accordance with general provisions. In this case, the dispute must be heard and finalized in the Karataş
Civil Court of Peace, where the defendant resides…”
11-) Mediation Case for Cancellation of Objection
While the annulment of objection lawsuit is specific to enforcement proceedings, cases involving
receivables subject to mediation are subject to mediation. Therefore, prior to filing a lawsuit to annul
objection for commercial disputes, consumer disputes, labor disputes, lease disputes, dissolution of
partnerships, division of movable and immovable properties, disputes arising from neighboring rights,
and disputes concerning condominium ownership, it is mandatory to consult a mediator; otherwise,
the lawsuit will be dismissed for lack of a prerequisite for filing a lawsuit.
Since disputes “related to the eviction of rented real estate through non-judicial enforcement proceedings in accordance
with Law No. 2004″ are regulated as an exception to compulsory mediation in Article 18/B-1.a of Law No. 6325 on
Mediation in Legal Disputes, it is not mandatory to resort to mediation before requesting the removal of the objection
upon objection to the proceedings requesting the eviction of rented real estate through non-judicial enforcement
proceedings.
Decision of the 23rd Civil Chamber of the Supreme Court of Appeals, dated 04.12.2020, numbered E.
2020/1943 and K. 2020/4052 (Sample Supreme Court Decision on the Inability to File a Case for Cancellation
of Objection Without Applying to a Mediator in a Receivable Subject to Mediation);
“…In commercial objection cancellation cases, it is mandatory to resort to mediation before filing a lawsuit, and that resorting
to a mediator is a condition for filing a lawsuit pursuant to Article 114/2 of the Civil Procedure Code and Article 5/A of the
Turkish Commercial Code, and that the dispute should be resolved in this way…”
12-) In which cases can a lawsuit for annulment of objection be filed?
In non-judgmental enforcement proceedings through general seizure, the proceedings are suspended upon the debtor’s objection.
One of the creditor’s options for ensuring the continuation of the proceedings is the action for annulment of the objection, as
stipulated in Article 67 of the Enforcement and Bankruptcy Law. An action for annulment of the objection is filed by the creditor against
the debtor who has objected. The portion of the enforcement proceedings that the debtor objects to constitutes the subject of the
action. Just as in cases of objection to all or part of the debt, an action for annulment of the objection can also be filed in cases of
objection to the signature or interest. A creditor who does not possess one of the documents mentioned in Articles 68 and 68(a) of the
Enforcement and Bankruptcy Law can only apply for annulment of the objection to ensure the objection is resolved. If the debtor has
not objected to the payment order or if the objection is not valid, the creditor can file a lawsuit for annulment of the objection.
There is no legal benefit in filing a lawsuit to annul the objection.
13-) Burden of Proof and Court Review
In a lawsuit to annul an objection, the plaintiff creditor is obligated to prove the existence and amount of the claimed
debt before the court; the primary burden of proof for material claims is determined by general law, based on the
procedure. The plaintiff must prove the legality of the debt relationship, its maturity, and the proper procedure for
enforcement. The court will determine the existence of the debt and the validity or otherwise of the debtor’s objection,
based on the evidence (written documents, witnesses, experts, etc.).
14-) Execution Denial Compensation (Bad Faith Compensation) and Its Consequences
If the objection annulment lawsuit is resolved in favor of the plaintiff, compensation for denial of enforcement (compensation for
unjustified objection) may be claimed at the creditor’s request and the court’s discretion. This compensation is assessed based on
criteria such as whether the debtor objected in bad faith, causing the creditor to incur legal and enforcement costs. Court of Cassation
and High Council of Judges and Prosecutors decisions contain important precedents regarding the conditions for compensation and
the criteria for determining the amount.
15-) Procedural Aspects: Litigation Procedure, Consolidation, Separation and Precautionary Measures
Filing of the lawsuit and procedure:The case is subject to general procedural provisions; the petition must clearly indicate the date of notification of the
objection, follow-up information and evidence.
Separation/combination of cases:If the cases are related to other cases related to the pursuit (e.g. main
debt case, declaratory cases), the consolidation or separation of the cases may be on the agenda; the
Supreme Court precedent indicates solutions in such cases.
Interim injunction:Measures such as direct provisional seizure are not usual in the case of annulment of objection; however
If justified, other administrative or legal means may be sought to protect the deadlines and
results.
16-) What the Creditor and Debtor Must Do
For the creditor:- To initiate enforcement proceedings in accordance with the procedure and to keep the follow-up documents (payment order, notification records, etc.)
complete.- To document the notification of objection; to determine the exact date of notification and to prepare the lawsuit for the annulment of the
objection within one year.- To support the demand for compensation for denial of execution with evidence when necessary.
For the debtor:- To exercise the right to object correctly and in a timely manner; to clearly state the grounds for objection.- To preserve the evidence of defense against the claim of unjustified objection (documents showing that the debt has been paid, justified
grounds for the objection).- To receive professional legal support regarding procedure and evidence in case of a lawsuit.
CONCLUSION
A lawsuit to annul an objection is an important legal remedy filed to eliminate a debtor’s objection to non-judgment
enforcement proceedings and to enable the creditor to continue the proceedings. This lawsuit is notable for its unique nature
within enforcement law and its adherence to procedural provisions.
To be subject to legal action, there must first be a valid enforcement proceeding, the debtor must have objected,
and the creditor must file a lawsuit within one year of receiving the objection. This period is statute-barring and
must be meticulously observed.
The creditor is responsible for proving the existence of the debt in the lawsuit. The debtor may raise objections such as payment, set
off, or the statute of limitations. Courts evaluate the evidence presented by both parties and make their decision. If the lawsuit is
accepted, the objection is annulled and the legal proceedings continue; furthermore, in cases of bad faith, compensation for denial of
enforcement may be awarded. Dismissal of the lawsuit constitutes a final judgment in material terms.
The issue of whether a partial lawsuit can be filed is controversial in the doctrine. In practice, even if the debtor
disputes the entire debt, the creditor can file a lawsuit seeking partial cancellation. This situation should be
carefully considered in conjunction with the principles of enforcement law.
There are differing opinions regarding the legal nature of the objection annulment lawsuit. The general
tendency is to consider this lawsuit as a performance action. This approach is consistent with the
enforceability of the resulting judgment.
Ultimately, a lawsuit to annul an objection serves a balancing purpose, protecting the creditor’s
rights and allowing the debtor to exercise their right to a defense. Its success depends on
adherence to deadlines, effective use of evidence, and a strategic approach to litigation.
THE MOST CURIOUS INTEREST ABOUT THE CASE FOR CANCELLATION OF OBJECTION
THINGS TAKEN
1-) What is the case of annulment of objection?
A lawsuit to annul an objection is a lawsuit filed by a creditor to ensure the continuation of non-judgment enforcement proceedings that have
been suspended due to the debtor’s objection to the enforcement proceedings. If the court finds the debtor’s objection unfounded, it will order
the continuation of the proceedings.
2-) In which cases can a lawsuit for annulment of objection be filed?
A lawsuit is filed if the debtor objects to the payment order within the time limit and the objection is notified to the
creditor. This lawsuit allows the creditor to prove the existence of their debt and resume enforcement proceedings.
3-) Which law regulates the action for annulment of objection?
The action for annulment of objection is regulated in Article 67 of the Execution and Bankruptcy Law.
4-) Who can file a lawsuit to annul the objection?
An action for annulment of objection can only be filed by the creditor who initiated the enforcement proceedings or his legal
representative.
5-) In which court can the lawsuit for annulment of objection be filed?
The court with general jurisdiction is the court of the debtor’s place of residence. However, for contractual claims, the court of the
place where the contract will be fulfilled also has jurisdiction. Generally, depending on the type of dispute, a lawsuit may be filed in
the Civil Court of First Instance, the Commercial Court of First Instance, or other courts with general jurisdiction.
6-) What is the deadline for filing a lawsuit to annul the objection?
A lawsuit must be filed within one year from the date the objection is notified to the creditor. This period is a statute of
limitations, and a lawsuit cannot be filed after it expires.
7-) Who bears the burden of proof in the case of annulment of objection?
The burden of proof rests with the plaintiff creditor. The creditor must prove with evidence that the debtor’s objection is
unfounded and that the claim exists.
😎 What happens if the debtor has objected unjustly?
If the court determines that the debtor’s objections are unjustified, it may award compensation for the denial of enforcement
proceedings upon the creditor’s request. This compensation generally cannot be less than 20% of the amount of the debt.
9-) What is compensation for denial of execution?
Enforcement denial compensation is a compensation awarded by the court in cases where the debtor objects to enforcement
proceedings in bad faith, causing the creditor to receive his receivables late and incur extra expenses.
10-) What happens if the case for annulment of objection is won?
If the lawsuit is accepted, the debtor’s objection is annulled and enforcement proceedings resume. The creditor may
continue with the proceedings and proceed to stages such as seizure and sale.
11-) What happens if the objection cancellation case is rejected?
If the case is dismissed, the debtor’s objection is deemed valid and the legal proceedings are terminated. In this case, the creditor
cannot initiate new legal proceedings for the same debt.
12-) What is the difference between the case of annulment of objection and the case of annulment of objection?
The lawsuit for annulment of objection is a classic debt lawsuit filed in general courts and any type of evidence
can be used.
The action for removal of objection is heard in the enforcement court and is based only on certain, limited evidence (for example, a
promissory note with an acknowledged signature).
13-) Is it mandatory to hire a lawyer in the case of annulment of objection?
Hiring a lawyer is not legally required. However, due to the complex nature of the litigation process and to avoid losing
your rights, it is recommended that you follow up with a lawyer.
14-) How is the court fee calculated in the case of annulment of objection?
Because this lawsuit is a debt claim, it is subject to a pro rata fee. The fee is calculated based on the
amount of the claim.
15-) Can another lawsuit be filed while the lawsuit for annulment of objection is ongoing?
Yes, in some cases, a negative declaratory action, a debt action, or a compensation action may be filed in conjunction with
the objection cancellation action. However, the potential for these actions to impact each other should be considered.
COURT OF APPEALS DECISIONS REGARDING THE CASE FOR CANCELLATION OF OBJECTION
1-) The 3rd Civil Chamber of the Supreme Court of Appeals, No. 2022/2971 E., 2022/4300 K. (Decision on the
Requirement to Investigate the Authority of the Enforcement Office First in the Case of Cancellation of
Objection);
“…Therefore, there is no jurisdictional rule stipulating that the action for annulment of objection must be heard in the court
where the enforcement proceedings are being held. A debtor who has not objected to the jurisdiction of the Enforcement
Office is not deemed to have accepted the jurisdiction of the civil court. In this case, the creditor cannot file an action for
annulment of objection in the civil court where the enforcement office, which is actually without jurisdiction, is located. If he
does, the debtor can object to the jurisdiction of the civil court. In this case, since the failure to object to the jurisdiction of the
enforcement office during the enforcement proceedings does not render the court where the proceedings are being held
competent, if an objection is raised to the jurisdiction of the court where the action for annulment of objection is filed, it must
separately examine whether the court has jurisdiction over the case and whether the court cited in the jurisdictional objection
is competent.”
2-) Court of Cassation 23rd Civil Chamber Date 04.12.2020, E. 2020/1943 and K. 2020/4052
(Model Supreme Court Decision stating that an action for annulment of objection cannot be filed
without applying to a mediator in a receivable subject to mediation);
“…In commercial objection cancellation cases, it is mandatory to resort to mediation before filing a lawsuit, and that resorting to a
mediator is a condition for filing a lawsuit pursuant to Article 114/2 of the Civil Procedure Code and Article 5/A of the Turkish
Commercial Code, and that the dispute should be resolved in this way…”
3-) General Assembly of the Court of Cassation Civil Chambers No. 2018/13-602 E., 2019/218
K., 28.02.2019 T. (Decision on the One-Year Limitation Period Not to Start to File a Case for
Cancellation of Objection Without Proper Notification Procedure);
“…During the discussions held in the General Assembly of the Law, the opinion put forward that the condition of notification is
clearly stipulated in Article 67 of the Enforcement and Bankruptcy Law, the legal qualifications of the notification and the
manner in which it should be made are strictly stipulated in the legislation, the limitation periods are related to public order
and will only become effective within the framework of the provisions to be determined by the legislator, and therefore, being
informed of the objection through a lawsuit for the removal of the objection cannot be considered as the notification required
by the legislator, was appropriate in the reversal decision of the Special Chamber and that the provision of resistance should
be overturned, was not adopted by the majority of the Assembly.
For all these reasons, since no error was found in the written decision of the local court, it was also considered that the date of
the case, which should have been 09.09.2011 in the title section of the reasoned decision regarding the resistance, was
mistakenly shown as 12.03.2014, and this constituted a material error that could always be remedied on the spot. Therefore,
the decision to resist in accordance with the procedure and law had to be approved.
4-) Supreme Court 23.HD 24.2.2016, 5620/1039 (If the debtor pays the debt he objects to in full before
filing an action for annulment of objection, the creditor has no legal interest in filing an action for
annulment of objection.)
“…If the debtor makes a payment after the enforcement proceedings and before the objection
lawsuit is filed, a lawsuit must be filed for the remaining amount after deducting this payment.
Therefore, the plaintiff has no legal interest in filing a lawsuit for a payment made after the
enforcement proceedings but before the lawsuit is filed…”
5-) Supreme Court of Appeals 13th Hd., 2012/25379 E., 2013/1812 K. (Since the defendant only
objected to the interest, there is no legal benefit in the fact that this lawsuit was filed by the
plaintiff in terms of the main receivable.)
“…When filing a lawsuit to annul this objection, the plaintiff bank paid a fee based on the total of the principal receivable and
accrued interest, as if the principal receivable amount had also been disputed. The defendant objected only to the interest.
Therefore, the plaintiff has no legal standing in filing a lawsuit regarding the principal receivable. While the case should have
been dismissed due to the lack of legal standing regarding the principal receivable and a judgment should have been
rendered solely regarding the interest, issuing a written decision is contrary to procedure and law and is grounds for
reversal…”
The Importance of Legal Support
Claims to annul an objection require technical knowledge, legislative expertise, and in-depth expertise
in judicial practices. While the legal provisions are clear, each case has its own unique circumstances,
and even a small mistake can lead to a loss of rights. Therefore, working with an experienced attorney
from the outset is crucial to developing the right strategy, protecting your rights, and achieving the
swiftest resolution.
It should not be forgotten that every step taken during the litigation process has legal and financial consequences.
A lawyer will be your guide not only in the preparation of the petition, but also in the collection of evidence,
representation in court, negotiation and possible alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.