A debtor who wishes to object to enforcement proceedings without a judgment can do so either in writing or verbally. If the objection is made verbally, it will be recorded in the minutes. However, in practice, the objection is made by submitting a petition to the Enforcement Office. In enforcement proceedings without a judgment, the objection must be made within seven days. This 7-day period begins from the date the payment order is served on the debtor. Once the debtor objects to the enforcement proceedings, the proceedings will be suspended. However, unlike enforcement proceedings without a judgment, in enforcement proceedings based on bills of exchange, an objection filed with the Enforcement Office does not halt the proceedings; the objection must be filed with the Enforcement Civil Court within five days. Similarly, unlike enforcement proceedings based on bills of exchange, an objection does not halt the proceedings. All proceedings, except for sales transactions, will continue. As a precaution, the court facing the objection may request a temporary stay of the proceedings pending a decision on the merits of the objection. A debtor who wrongfully denies their signature is subject to a fine of ten percent of the debt based on the document in question.
In non-judgmental enforcement proceedings, the creditor must file a lawsuit to withdraw the objection or to annul the objection. These proceedings are limited to a period of six months for withdrawal of the objection and one year for annulment of the objection. If a lawsuit is filed, the burden of proof rests with the creditor. When the debtor objects to non-judgmental enforcement proceedings, they may object to the entire debt or to a portion of it.
If the person seeking to initiate enforcement proceedings has applied for judgmental enforcement proceedings, the debtor cannot object to the existence of the debt. However, the debtor has the right to file a lawsuit with the Enforcement Court regarding any other objections. The debtor may file an objection with a petition to the Enforcement Court within seven days of the service of the enforcement order, pursuant to Article 33 of the Enforcement and Bankruptcy Law.
If no objection is filed within the 7-day period for non-judgment enforcement proceedings, the payment order and enforcement proceedings become final. Objections to non-judgment enforcement proceedings filed after the deadline are generally ineffective. However, the only exception is a late objection. Accordingly, if an objection cannot be filed due to any impediment, without any fault, it is possible to file a subsequent objection to the non-judgment enforcement proceedings. The enforcement officer is responsible for ex officio investigating whether the objection was filed within the time limit. This is because the 7-day period specified is a limitation period. In non-judgment enforcement proceedings, the objection must be filed within 7 days of the enforcement order being issued to the debtor. Otherwise, the relevant legislation stipulates that forced enforcement will be pursued.