Complaint Against Bailiff's Office Transactions in Turkey

The complaint against bailiff's office actions is regulated under Article 16 of the Turkish Enforcement and Bankruptcy Law. Except for matters referred to the court by law, the acts performed by the enforcement and bankruptcy offices can be appealed to the enforcement court if they are contrary to the law or inappropriate for the situation. The complaint must be filed within seven days from the date the act is learned (Article 16/1). A complaint can always be filed due to a failure to fulfill a right or unjustified delay (Article 16/2). If the reason asserted by the debtor concerns an issue that the bailiff must consider on its own, it constitutes grounds for complaint.

The objection period starts with the notification, whereas the complaint starts with learning. The right to object belongs only to the debtor, while anyone with a legal interest can file a complaint. A claim that excessive amounts are requested contrary to the judgment can be subject to a complaint without a time limit, as it concerns public order. Provisions regarding immovable property and related real rights cannot be enforced until finalized; complaints regarding this are related to public order and can be made at any time without a time limit.

A seizure placed on a debtor’s pension due to disability retirement is subject to a seven-day complaint period. The complaint period for non-seizability objections starts within seven days from the date the seizure is learned. Only the debtor can raise a non-seizability objection.

Complaints against the bailiff regarding the injunction order should be directed to the court that issued the injunction. If the claim amount in the enforcement request is shown in foreign currency and not converted to Turkish Lira, the proceeding can be canceled through an untimely complaint.

Both timely and untimely complaints are possible until the enforcement proceedings are concluded, i.e., until execution. The complaint period starts from the date the act is learned. The creditor must file a complaint against the calculation table prepared by the enforcement office within seven days. Foreign currency can be accepted as security during auctions. In cases of fines imposed on the vehicle owner, the person liable for the fine is the one who received it.

Misunderstanding the difference between objections and complaints, failing to file the complaint within the correct time limit, and not identifying the appropriate enforcement court for the specific type of complaint are common errors that should be avoided.