Cheque and Promissory-Note Enforcement: Negotiable-Instrument Attachment Procedure and Time Limits

Short answer: After a payment order is served in enforcement based on a cheque, promissory note or bill of exchange, an objection to the debt or signature must, as a rule, be filed with the enforcement court within 5 days and the period for payment is 10 days. The seven-day objection before the enforcement office applicable to ordinary enforcement does not apply to this special procedure. In each specific case, the nature of the instrument, the service date and the basis of the claim should be checked.

Which documents qualify as negotiable instruments?

The Turkish Commercial Code sets out separate formal requirements for bills of exchange, promissory notes and cheques. A document does not automatically become a negotiable instrument merely because it is labelled “promissory note” or evidences a commercial debt. Before enforcement, the original instrument, maker and payee information, signature, amount, issue date and, where necessary, maturity and chain of endorsements should be examined.

How does enforcement begin?

A creditor relying on the instrument may choose the attachment procedure specific to negotiable instruments before the enforcement office (Enforcement and Bankruptcy Law Art. 167 et seq.). The enforcement officer reviews statutory conditions such as whether the document qualifies as a negotiable instrument and whether the applicant has standing to pursue it. If appropriate, a special payment order is sent to the debtor. For cheques, records such as presentation to the bank and the dishonoured-cheque notation, together with rights of recourse arising from the instrument, must also be examined; it should not be assumed that every cheque can be placed into enforcement on the same day.

Objection, complaint and payment periods

• 5 days: The debtor submits an objection to the debt or signature by petition to the enforcement court within five days from service of the payment order (Enforcement and Bankruptcy Law Arts. 168–170).
• 5 days: Claims that the instrument does not qualify as a negotiable instrument or that the creditor is not entitled to negotiable-instrument enforcement are raised before the enforcement court as a complaint (Enforcement and Bankruptcy Law Art. 170/a).
• 10 days: This is the period stated in the payment order for payment of the debt and enforcement costs (Enforcement and Bankruptcy Law Art. 168).

Which documents are most important for a cheque or promissory note?

For the creditor, the original instrument, transfer/endorsement chain, bank presentation and dishonoured-cheque records, partial-payment documents and service records are important. For the debtor, allegations concerning signature, payment, limitation, jurisdiction and formal elements of the instrument may each be subject to separate procedural and evidentiary rules. Simply stating “I do not owe this debt” may not prevent loss of rights if submitted to the wrong authority or outside the prescribed period.

What is the difference from ordinary enforcement?

In ordinary enforcement, an objection to the payment order is, as a rule, filed with the enforcement office within 7 days and stays the proceedings. In the procedure specific to negotiable instruments, however, the special periods above and the enforcement-court procedure apply. Reliance on the same instrument does not make the procedural rules of the two routes identical. The related article on objection in ordinary enforcement may also be reviewed.

Sources: Enforcement and Bankruptcy Law Arts. 167–170/a (Ministry of Justice); Turkish Commercial Code, negotiable instruments provisions.

This text is for general information. The applicable period, enforcement route and defence method are determined according to the documents in the specific file.

Detailed articles: Cheque presentation and dishonoured-cheque notation · Limitation periods for promissory notes · Objection to signature.