Enforcement and insolvency

Payment undertaking in enforcement

The debtor's formal declaration before the enforcement office undertaking to pay the debt in instalments on specified dates.

All terms

A payment undertaking is the debtor's declaration before the enforcement office that the debt under enforcement will be paid on specified dates. Post-attachment instalment undertakings accepted by the creditor suspend the proceeding and the sale steps.

The statute attaches automatic effect to post-attachment instalment arrangements meeting defined conditions: enforcement steps stop where the first instalment is paid immediately and the balance is covered in the number and intervals of instalments prescribed by law. For validity, the total payable must be calculated with principal, interest and costs and stated clearly in the minutes.

Breach of the undertaking carries a separate sanction, exposing the debtor to coercive detention upon the creditor's complaint. Since case law treats undertakings with indeterminate amounts as invalid, the content of the minutes is decisive both for validity review and for the criminal risk.

Statutory basis

  • İİK m.111

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.