Execution Without Judgment: Process & Fee Calculation

 

Initiating an enforcement proceeding for monetary claims without requiring a prior court order is known as execution without judgment (ilamsız icra). While this method aims for the rapid collection of debts, the state collects specific statutory fees and operational costs at the initiation stage.

 

1. Initial Costs of the Proceeding

The basic items payable when initiating a debt collection proceeding are:

• Application Fee: A fixed fee required to open the execution file, updated annually.

• Advance Fee: Collected at a rate of 0.5% (five per thousand) of the debt amount, later deducted from the final collection fee.

• Proxy Fee & Bar Stamp: Statutory fees required when proceedings are initiated through a legal representative (attorney).

• Expense Advance: Covers the postal and operational costs of sending the official "Payment Order" to the debtor.

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2. How Does the Process Work?

• Once filed, the execution office sends a Payment Order to the debtor, granting them strictly 7 days to object.

• If no objection is made within 7 days, the proceeding becomes final, and the attachment (seizure) phase begins.

• If the debtor objects, proceedings are suspended. The creditor must then file an "Annulment of Objection" or "Removal of Objection" lawsuit to continue.

 

3. Collection & Prison Fees

Upon successful collection, the state deducts a Collection Fee (rate varies by collection stage) and a 2% Prison Fee (Cezaevi Harcı) from the collected amount. As a rule, all execution costs and fees ultimately fall on the debtor, allowing the creditor to recover their initial expenses.

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4. The Tanyeri Law & Consulting Approach

Execution law is not merely about filling out forms; it is a rigorous process extending from deep asset investigations to actual seizure. At Tanyeri Law, drawing on 37 years of experience, we meticulously investigate the debtor's assets and manage expenses efficiently. With our expert team of 4 attorneys and a transparent management process, we ensure your receivables are collected as swiftly and cost-effectively as possible.

 

Note: The calculator above provides an estimated opening fee based on the current year's schedule and your inputted amount. Procedural differences between execution offices, additional notification costs, and operational expenses may alter the final figure. For a seamless process and rapid collection, professional legal support is strongly recommended.