During the initiation of execution proceedings under Turkish Law, interest rates or interest types may occasionally be entered incorrectly or incompletely in the execution request. As a statutory rule, a creditor is bound by the scope of their payment request; however, where the execution is based on a court judgment (ilam), statutory mechanisms allow for the correction of interest rates or the collection of remaining interest under specific conditions.

I. Nature of Interest Claims in Judgment Enforcement (TCO Art. 131)

In execution proceedings based on court judgments (ilamlı icra), interest constitutes an accessory right attached to the principal debt. Pursuant to Article 131 of the Turkish Code of Obligations (TCO No. 6098), unless explicitly waived, a creditor retains the right to claim the full statutory interest arising from a court judgment throughout the **10-year statute of limitations for court judgments**, even if reserved rights were not explicitly specified in the initial execution request.

II. Procedural Distinction Based on Finalization Date of Court Judgments

According to established jurisprudence of the Turkish Court of Cassation (Yargıtay 8th Civil Chamber), whether remaining interest can be claimed within the same execution file or via a new execution proceeding depends strictly on the **date of finalization (kesinleşme)** of the underlying court judgment:

  • If the Judgment Finalizes AFTER the Execution Proceeding Is Initiated: In cases such as expropriation or de facto expropriation without compensation, where the judgment finalizes after the execution file is opened, higher statutory interest rates applicable upon finalization (pursuant to Article 46/last of the Turkish Constitution) can be demanded **within the same execution file**. The creditor may request a recalculated cover balance and the issuance of a payment order/memorandum to the debtor.
  • If the Judgment Finalized BEFORE the Execution Proceeding Was Initiated: If the judgment had already finalized prior to the execution request, the creditor is deemed to have voluntarily restricted their demand. Under the principle of bindingness of the execution request, uncaptured residual interest cannot be demanded within the same file; it must be pursued through a **new, separate execution proceeding**.

III. Situation in Ordinary Execution Proceedings Without Judgment (İlamsız İcra)

In ordinary execution proceedings that do not rely on a court judgment, the creditor is strictly bound by the interest rate specified in the payment order. Once the execution becomes finalized, the creditor cannot unilaterally increase or amend the interest rate within the existing file. Remaining interest claims can only be pursued via a new execution proceeding, provided that rights to claim surplus were reserved.

IV. Legal Remedy: Complaint to the Execution Law Court

If the Execution Office rejects a lawful request for interest adjustment in judgment enforcement proceedings, the creditor may file a legal complaint (şikayet) before the **Execution Law Court (İcra Hukuk Mahkemesi)** within **7 days** of notification or knowledge of the rejection order to request the annulment of the Execution Office's decision.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.