The limitation period (zamanaşımı) on credit card debt determines how long the bank, or the asset management company that has taken over the receivable, may claim it through enforcement proceedings (icra takibi) or litigation. For a credit card debt you are unable to pay, restructuring, raising the plea of limitation (zamanaşımı def’i) and the route to follow during the enforcement process all require the right step to be taken at the right time. In this article we address the whole process on the basis of the legislation.
Key Takeaways
- Credit card debt is subject to the general 10-year limitation period under article 146 of the Turkish Code of Obligations no. 6098.
- Limitation is not taken into account of its own motion by the court or the enforcement office; the debtor must raise it expressly as a plea within the applicable time limit.
- A bank may assign a receivable it has been unable to collect to an asset management company; that assignment does not of itself change the nature of the receivable or the limitation period.
- The time limit for objecting to enforcement proceedings is 7 days from service; if no objection is made in time, the proceedings become final.
- A restructuring discussion with a bank does not automatically stop enforcement proceedings; agreement must be reached by a written protocol.
How Long Is the Limitation Period for Credit Card Debt?
Since no special limitation period is laid down for debts arising from a credit card contract, the general 10-year limitation period in article 146 of the Turkish Code of Obligations no. 6098 applies. The period starts to run from the date on which the debt becomes due and payable (muaccel), that is to say from the date on which payment should have been made (Source: mevzuat.gov.tr, Law no. 6098). Our assessments on this subject can be found on our banking and finance law page.
Interruption and Suspension of the Limitation Period
The limitation period is interrupted where the debtor acknowledges the debt (for example by making a partial payment), where the creditor starts enforcement proceedings or where an action is brought, and it begins to run afresh from that moment. For that reason, even in a credit card debt on which no payment has been made for a long time, the limitation period may have started again if enforcement proceedings were started at some point or a small payment was made; establishing the true limitation position of the debt requires the payment and proceedings history to be examined as a whole.
Raising the Plea of Limitation
Under article 161 of Law no. 6098, limitation is not taken into account of its own motion by the judge or the enforcement officer; the debtor must raise it expressly. In enforcement proceedings the debtor may, within 7 days of service of the payment order (ödeme emri), submit a notice of objection which also includes the plea of limitation. If the plea of limitation is not raised once the time limit has passed, the debtor may be ordered to pay at the conclusion of the enforcement proceedings or the action, even though the debt has become time-barred.
Assignment of the Receivable by the Bank to an Asset Management Company
A bank may assign a credit card receivable it has been unable to collect to an asset management company (varlık yönetim şirketi, VYŞ). That assignment is subject to the provisions on assignment of a receivable (alacağın temliki) in Law no. 6098 and does not of itself change the legal nature of the receivable or the limitation period that has run or is running; the transferee company succeeds to the legal position of the assigning bank.
New Claims by the Asset Management Company
When the asset management company claims from the debtor the receivable it has taken over, it too is subject to the same limitation rules; if the debt has already become time-barred, the transferee company faces that plea as well. It is important for the debtor, on receiving collection calls, to clarify the date of the debt and whether enforcement proceedings or an action have previously been brought, so that the limitation period can be calculated correctly.
Restructuring Options for Credit Card Debt
In order to reduce collection risk, banks may generally offer their debtors restructuring options such as payment by instalments, payment in a lump sum in return for part of the debt being written off (a settlement agreement, sulh anlaşması), or a fresh determination of the interest rate. Since arrangements of this kind depend on the bank’s commercial policy, the conditions may vary from bank to bank and from period to period. As credit card contracts are consumer transactions, the provisions of the Consumer Protection Law must also be observed in this process.
Does a Restructuring Discussion Stop Enforcement Proceedings?
A restructuring discussion conducted orally with the bank does not of itself stop enforcement proceedings that have already begun. For the proceedings to stop, the bank must give a written instruction to the enforcement file to stay the proceedings, or the protocol signed between the parties must be submitted to the enforcement office. For that reason it is important, rather than relying on oral statements during the discussion process, to have the agreement reached put in writing.
Instalment and Settlement Options
Where a bank anticipates that the whole of the debt cannot be collected in a single payment, it may offer instalments spreading the debt over a fixed term; in such an arrangement a new payment plan is generally drawn up on the basis of current interest rates. In some cases the bank may also be open to a settlement agreement under which it waives part of the debt and closes the file in return for the remaining amount being paid in a lump sum; arrangements of this kind may also be attractive to banks, particularly where the debt has been uncollected for a long time and the costs of enforcement exceed the likelihood of recovery. In either case it is advisable to obtain the terms of the agreement in writing and to keep all payment records.
Paying Off Credit Card Debt With a Loan
Some debtors prefer to pay off credit card debt with a consumer loan carrying a lower rate of interest. This method can reduce the monthly payment burden to a single item and lower the interest cost; however, approval of the new loan application depends on the debtor’s current credit record and income position. When assessing this option, it is important to compare the total cost of the new loan (including items such as interest, charges and insurance) with the total cost of the existing credit card debt.
The Enforcement Process: From the Payment Order to the Attachment Stage
Where the bank or the asset management company is unable to collect the debt, it may start enforcement proceedings without judgment (ilamsız icra takibi) at the enforcement office. The process begins with a request for proceedings; the enforcement office sends the debtor a payment order and the debtor has a right to object within 7 days.
What Happens if No Objection Is Made?
If the debtor does not object within the time limit, the proceedings become final and the creditor may have attachment (haciz) placed on the debtor’s salary, bank accounts or movable and immovable property. After this stage it becomes considerably more difficult to raise the plea of limitation; that is why it is critically important not to miss the time limit once the payment order has been served. You can use our limitation calculation tool for a current limitation calculation.
Limits Applied to Attachment of Salary and Bank Accounts
In attachment of salary, under the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu) a certain portion of the debtor’s salary may be attached, while the portion protecting the subsistence level is kept outside attachment. Similar protective rules apply to salary payments credited to a bank account; a debtor who proves that part of the salary paid into the account cannot be attached may apply to the enforcement office and request the release of that portion. The procedure for placing attachment on bank accounts is explained in detail in our article entitled garnishment notice.
Order of Priority Where There Is More Than One Credit Card Debt
For people who owe credit card debt to more than one bank, each bank may start separate enforcement proceedings; in that case several files may run at the same time. In such a situation, determining an order of priority by assessing in which file the limitation period may have expired, in which the higher interest is running and in which the risk of attachment is closest can help limited payment capacity to be used most effectively.
Minimum Payment and Interest Rates on Credit Card Debt
The Banking Regulation and Supervision Agency (BDDK) sets the minimum payment amount for credit cards on a graduated basis according to the card limit. As at 2026, the minimum payment rate is 20 per cent on cards with a limit below 50.000 TL, and 5 per cent on cards with a limit of 50.000 TL or above (Source: BDDK Board Decision no. 10970 of 27.09.2024 and current practice). A cardholder who pays the minimum amount avoids default interest, but contractual interest (akdi faiz) continues to run on the unpaid balance.
Caps on Contractual Interest and Default Interest
Under TCMB regulations, in 2026 the maximum monthly contractual interest rate on cards with a period debt below 30.000 TL is 3,25 per cent and the default interest rate (gecikme faizi) is 3,55 per cent; for balances in the 30.000-180.000 TL range those rates rise to 3,75 per cent and 4,05 per cent, and for balances above 180.000 TL to 4,25 per cent and 4,55 per cent. The KKDF and BSMV taxes provided for by law are added to these rates. Since these caps may be updated periodically by the TCMB, it is advisable to confirm the current rate before making a payment. We have compared the differences between statutory interest, default interest and advance interest in a separate article.
The Form and Content of an Objection to Enforcement Proceedings
When objecting to the payment order, the debtor may object both to the whole of the debt and, on a partial basis, solely on the ground of the plea of limitation. The notice of objection must state clearly the ground on which the objection is based (such as that there is no debt, that it has become time-barred, or that the amount has been calculated incorrectly). The objection may be made to the enforcement office directly by oral statement or by written petition; an objection whose time limit has been missed may be raised subsequently only in exceptional cases (for example force majeure).
The Risk of Compensation for Denial of Enforcement
Following the debtor’s objection, the creditor brings an action for annulment of the objection (itirazın iptali davası), and if the action is decided against the debtor, the debtor may be ordered under the Enforcement and Bankruptcy Law to pay compensation for denial of enforcement (icra inkar tazminatı) at a certain rate of the receivable claimed. For that reason it is important, in order to avoid unnecessary financial risk, to assess carefully any objection that has no concrete basis such as a plea of limitation. Who is to bear the other party’s attorney’s fee according to the outcome of the action is a separate matter; that point is addressed in our article entitled who pays the other party’s attorney’s fee.
The Effect of Credit Card Debt on the Credit Record
Unpaid credit card debt appears as an adverse entry with the Credit Bureau (Kredi Kayıt Bürosu, KKB) and may adversely affect the debtor’s applications for new loans or credit cards. Once the debt has been paid in full, that adverse entry is deleted from the record within the periods laid down in the relevant legislation; the fact that the debt has become time-barred does not of itself automatically clear the record entry, for which the debt must be closed or the legal process completed.
| Stage | Time limit/Rule | What the debtor should do |
|---|---|---|
| General limitation period | 10 years (TBK m.146) | Raise the plea if the period has expired |
| Objection to the enforcement payment order | 7 days from service | Submit a notice of objection in time |
| Restructuring offer | Depends on the bank’s policy | Obtain the agreement in writing |
| Assignment to an asset management company | Does not change the period | Ask about the date of assignment and earlier proceedings |
Common Mistakes in Credit Card Debt
One of the most frequent mistakes debtors make is not responding at all to the payment order and ignoring the process; in that case, even where a strong plea such as limitation is available, it becomes unusable because it was not raised within the time limit. The second frequent mistake is relying on oral agreements, without keeping any written record, in response to the collection calls sent by the bank or the asset management company; this may later create a problem of proof as to the terms of the agreement.
Thirdly, taking no action at all in the belief that the debt has become entirely time-barred is also risky; the plea of limitation produces legal effect only where it is raised in due form during enforcement proceedings or an action, and it does not extinguish the debt of its own accord. For that reason, once the payment order has been served, action must be taken within the time limit.
Illustrative Example: A Time-Barred Credit Card Debt (Illustrative)
The example below is entirely fictional and is not based on any real client or file; it has been prepared purely as an illustration in order to explain how the process works.
A person is unable to pay a credit card debt incurred twelve years earlier and, throughout that period, faces no enforcement proceedings and makes no payment. An asset management company which has taken over the debt starts enforcement proceedings against the debtor. Within 7 days of service of the payment order the debtor applies to the enforcement court and raises the plea of limitation, showing with documents that more than ten years have passed since the date on which the debt arose and that no ground of interruption arose during that period. The enforcement court finds the plea of limitation well founded and orders the annulment of the proceedings.
Other Routes That May Be Considered in Cases of Excessive Indebtedness
Natural persons who owe debts to more than one bank and credit institution and have entirely lost their capacity to pay may, where certain conditions are present, request composition (konkordato); this route enables the debtor to agree a payment plan with the creditors under court supervision. The composition procedure is regulated in the Enforcement and Bankruptcy Law, and whether the conditions fit the particular situation must always be assessed through a lawyer; it may not be a suitable solution for every debtor.
What Will the Other Side Do?
In enforcement proceedings for credit card debt the bank, or the asset management company that has taken over the receivable, also has a strategy; being prepared for it determines the route to follow.
The argument that the debt has not become time-barred and that a ground of interruption arose at some point. The creditor may assert that the debtor made a partial payment or that enforcement proceedings were started earlier. This argument is assessed by examining the account statement and querying earlier enforcement files.
The argument that interest and costs have been calculated correctly. This is met by carrying out a comparative calculation against the maximum contractual interest and default interest caps of the TCMB and the BDDK for the relevant periods.
The argument that there is no written restructuring agreement. If the debtor relies on an oral agreement, this argument is assessed by reference to correspondence records, message transcripts and, where available, witness evidence.
The argument that the assignment of the receivable is valid and that the transferee company has the right to claim. This is met by examining whether the assignment contract and the notice given to the debtor comply with the required form.
Which of these assessments comes to the fore varies according to the specific circumstances of the file; that is why it is important to gather payment and correspondence records before enforcement proceedings begin. You may get in touch for an advance assessment of the defence your file will encounter.
Frequently Asked Questions
After how many years does credit card debt become time-barred?
As a general rule it becomes time-barred after 10 years; however, if grounds of interruption arise during that period, such as a payment being made or enforcement proceedings being started, the period begins to run afresh.
Is a time-barred debt cancelled automatically?
No; unless the plea of limitation is expressly raised by the debtor, the enforcement officer or the court does not take it into account of its own motion.
Does the limitation period become longer if the debt is assigned to an asset management company?
No; the assignment does not of itself change the nature of the receivable or the limitation period that has already run; the transferee company succeeds to the legal position of the assignor.
What happens if I do not object to the enforcement proceedings?
If no objection is made within 7 days of service of the payment order, the proceedings become final and the creditor may begin attachment measures.
Does an oral restructuring discussion with the bank stop enforcement proceedings?
No; for enforcement proceedings to stop, the bank must give a written instruction to the enforcement file, or a written protocol must be submitted to the enforcement office.
Can the whole of my salary be attached for credit card debt?
No; the legislation provides for a certain portion of the salary to be kept outside attachment; the attachable proportion and the exceptions are assessed according to the specific circumstances of the file.
When does an adverse credit record improve after credit card debt has been paid?
Once the debt has been closed in full, the adverse entry is deleted from the Credit Bureau record within the periods laid down in the relevant legislation.
Table of Time Limits
| Time limit | How long | Starting point |
|---|---|---|
| General limitation period | 10 years | From the date the debt became due and payable |
| Objection to the enforcement payment order | 7 days | From service of the payment order |
Sources
- Legislation Information System (mevzuat.gov.tr)
- Legislation Information System (mevzuat.gov.tr)
- Legislation Information System (mevzuat.gov.tr)
- Central Bank of the Republic of Türkiye (TCMB)
Related Articles
- The Time Limit for Objecting to Enforcement Proceedings and Its Consequences: 2026 Guide
- Attachment of Salary 2026: How Much Can Be Attached, How Is It Lifted?
- Garnishment Notice (89/1-89/2-89/3): What Should the Third Party Do?
- Statutory Interest, Default Interest and Advance Interest: The Differences
- Who Pays the Other Party’s Attorney’s Fee? (2026 AAÜT Guide)
- How Does the Factoring Right of Recourse and Notice of Assignment Work?
- The Distinction Between Fraud and Aggravated Fraud: Commission Through Information Systems
- Uncontested Divorce in İzmir: Protocol, Hearing and Process (2026)
- Eviction Action on Grounds of Need: Conditions and Proof
This article is for general information purposes only and does not replace legal advice. Your specific situation requires a separate assessment of your file.
This article has been prepared on the basis of the legislation in force as of 17.09.2026.
Av. Muhammed Çakmak
Banking and Finance Law, Factoring Law, Enforcement and Bankruptcy Law, Commercial Law, Collection of Commercial Receivables
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