How Is a Debt Collected in Türkiye? A Guide to Enforcement Proceedings and Debt Claims

A person or company that has not been paid in Türkiye may, depending on the documents at hand and the nature of the debt, start enforcement proceedings, bring a debt claim, or enforce an existing court judgment. Foreign individuals and foreign companies may also use these routes. Setting up a company in Türkiye, opening a branch or travelling to Türkiye for every step is not a general precondition for an application. However, powers of representation, the usability of foreign documents, exemption from security and the applicable law must be examined at the outset.

The right starting question for recovery is not only "Should I bring a lawsuit?" The debtor's identity, proof of the claim, limitation, the jurisdiction or arbitration clause in the contract, and the debtor's reachable assets in Türkiye must be considered together. Where a claim has been awarded by a foreign court, enforcement on the basis of a Turkish judgment generally first requires recognition and enforcement (tenfiz). [1] [2]

Through which routes is a debt collected in Türkiye?

Enforcement proceedings are steps taken through the state's enforcement offices to secure performance of the debt. A debt claim is a case in which the court examines the dispute and rules on the existence and amount of the debt and the obligation to pay it. In one file there may be first the enforcement proceedings, then a claim after an objection, and then a new enforcement stage. In another file, bringing a claim directly may be more appropriate.

The table is a guide to choosing a route. For example, not every signed paper is a negotiable instrument and not every notarial document is a document with the force of a judgment. The conditions in Article 38 of the Enforcement and Bankruptcy Law and in special laws must be met. An ordinary payment protocol signed in a voluntary meeting does not by itself give a right to enforcement on the basis of a judgment. Where mediation agreements are concerned, the signature conditions in Article 18 of Law No. 6325, and where necessary the conditions for a declaration of enforceability, are examined separately. [1] [6]

First step: how is the debtor and claim file prepared?

Identify the correct debtor

The trade name of the company in the contract may not be the same as the brand in use. In a group of companies, the company that received the invoice, the company that negotiated the work and the company that holds the property may also be different. Belonging to the same group alone does not create liability for another company's debt. To reach the personal assets of a shareholder or manager on account of a company's debt, a separate valid legal basis is required.

The trade registry record, the tax or registry number, the current address, powers of representation and documents of any change of party must be compared. For a natural person debtor, the name, surname, known identity details and an address suitable for service are important. Where the claim has been assigned, the validity of the assignment and the status of the new creditor must also be shown.

Consider the invoice, delivery and payments together

An invoice is an important document; however, on its own it does not in every case prove that the goods were delivered, the service completed or a balance is owed. Orders, contracts, dispatch and delivery documents, customs records, acceptance minutes, correspondence, bank transactions and partial payments are examined together. The evidential value of commercial books also depends on the conditions set by law. [3] [5]

A foreign creditor may prepare the following file for an initial review:

• The identity and current addresses of the parties; registry and representation documents for companies.
• The contract, its annexes, orders, and delivery or service records.
• Invoices, a payment breakdown, return or set-off documents, and an up-to-date balance statement.
• Correspondence in which the debtor accepted or disputed the debt.
• Maturity dates, notices, service records and any earlier claim or enforcement records.
• Security such as a pledge, mortgage, surety, bank guarantee, cheque or promissory note.
• Known assets and any information on ongoing composition with creditors or bankruptcy.

Electronic documents should not be kept merely as screenshots. Original emails, attachments, dates and sender information should be preserved. The fact that a document exists electronically does not make it worthless; however, whether it belongs to the party, whether it is intact and what it proves are assessed separately.

Separate maturity, default and limitation

Maturity is the time when the debt must be paid; default refers to the legal consequences of the debtor delaying the payment obligation. Interest does not start from the date of the first invoice in every claim. In a file governed by Turkish law, it is examined under Article 117 of the Code of Obligations No. 6098 (TBK), and under the relevant special provisions for commercial relationships, whether a formal notice is required. A discussion between the parties or a promise to pay does not by itself suspend every time limit. [4] [5]

Limitation is also not ten years for every claim. The type of debt, the nature of the negotiable instrument and the applicable law may produce different periods. In relationships with a foreign element, under Article 8 of the Private International Law and Procedure Law No. 5718 (MÖHUK) limitation is subject to the law applicable to the underlying relationship. The effect of initiating enforcement or bringing a claim on the period must be calculated accordingly. [2]

How are foreign individuals and companies represented from Türkiye?

Power of attorney and company authority

A foreign natural person prepares the transaction with identity or passport details; a foreign company prepares it with documents showing its incorporation and authority to represent it. The person granting a power of attorney on behalf of a company must be authorised. A single document showing that the company was incorporated in another country does not always prove the authority of the signatory.

Enforcement and claims may be conducted through a lawyer registered with the bar in Türkiye. A power of attorney may be executed at a Turkish consulate, or may be used in Türkiye with the appropriate certification and translation procedures depending on the country where the document was executed. The conditions for the consular procedure should be confirmed with the relevant representation. An apostille is the procedure that, where required, verifies the official character of a document; it does not replace the accuracy of the debt or the full scope of the company's authority to represent it.

Special authority may be required for transactions such as settlement, release, waiver and arbitration. The account to which the money recovered will be transferred, account statements and the advance on expenses must be determined in writing. The appointment of an attorney does not remove the requirement of personal attendance in those cases where the court exceptionally requires it. For the arrangement of powers of attorney, the explanations on preparing a power of attorney may also be consulted.

Must a foreign creditor deposit security?

Article 48 of MÖHUK requires foreign natural and legal persons who bring, join or initiate enforcement proceedings in Türkiye to provide security covering the costs of proceedings and enforcement and the losses of the opposing party. However, there is an exemption based on reciprocity. The exemption may be examined through an agreement, foreign law or actual practice. There is no automatic percentage that applies to all foreigners. [2] [7]

Provisions such as Article 17 of the 1954 Hague Convention on Civil Procedure make citizenship and residence conditions important. Bilateral agreements may have different scope. Rather than saying "this country is a party to the convention, so every company is exempt", the applicable provision, the situation of the person or company and the entry into force for the relevant country must be checked. The provision of Article 84 HMK on Turkish citizens living outside Türkiye must also not be confused with Article 48 MÖHUK, which concerns foreigners. [3] [8]

In its decision of 26 September 2023, E. 2021/14584, K. 2023/9796, the 4th Civil Chamber of the Court of Cassation (Yargıtay 4. Hukuk Dairesi) emphasised that the exemption from security of a foreign company must be investigated. The importance of that decision for these files is that, where foreign status is seen, an examination of exemption should be made instead of applying a fixed security sum. The decision does not state that all foreign companies are exempt from security. [9]

How does enforcement without a judgment by general attachment work step by step?

Enforcement request and competent enforcement office

Enforcement for a money claim or a security claim may be started by general attachment without a court judgment. The absence of a written document does not prevent the application in every case; however, if the debtor objects, the claim must be proved. Secured claims, special enforcement regimes and statutory exceptions are assessed separately.

The enforcement request clearly states the parties, the cause of the debt, the principal claim, the type and start date of interest, the currency and the chosen enforcement route. General jurisdiction is usually linked to the debtor's place of residence; other competent places may exist under the contract and special jurisdictional rules. Article 50 of the Enforcement and Bankruptcy Law also contains provisions on the place where the contract was concluded. Not every jurisdiction clause in a contract is accepted as valid; Articles 17–18 HMK and, where there is a foreign court choice, Article 47 MÖHUK are assessed. [1] [2] [3]

Payment order and the seven-day objection period

The enforcement office serves the payment order on the debtor. In general attachment enforcement, the debtor may, as a rule, object to the enforcement office within seven days of service. Where the objection is partial, the amount objected to must be clearly stated. Where the signature on the document relied on is denied, this must be notified separately and clearly. [1 Art. 62]

A timely objection suspends enforcement with respect to the part objected to. If no objection is made in time, enforcement becomes final and, when the conditions are met, may move to the attachment stage. The day on which the enforcement request is entered in the system and the day on which the payment order is properly served are not the same. Special applications such as defective service or a late objection are assessed on their concrete conditions.

If an objection is made, is lifting the objection or an annulment action required?

Lifting an objection is a narrow route that may be sought from the enforcement court under Article 68 et seq. of the Enforcement and Bankruptcy Law, in files where a document of the required kind exists. Generally, the six-month period from service of the objection on the creditor is important. Where the signature is denied, there are specific conditions for temporary lifting. Not every invoice or ordinary contract satisfies the document requirement of this route.

An action for annulment of the objection is the action in which the substance of the claim is examined. It is brought within one year of service of the objection on the creditor under Article 67 of the Enforcement and Bankruptcy Law. Missing this period does not mean that the claim has ended in every case; the possibility of a general debt claim within the limitation period is separately examined. However, the consequences that depend on the enforcement proceedings are not preserved automatically. In commercial monetary disputes, mediation as a condition precedent to litigation must also be managed on the same timetable. [1] [5] [6]

The penalty for denial of debt (icra inkâr tazminatı) is not an automatic additional payment. In the annulment of an objection, the relevant conditions are assessed, including an unjustified objection and whether the claim is certain or determinable. The statutory minimum is twenty percent. A creditor's unjustified and bad-faith enforcement may also result in compensation on a counter-claim. The conditions for lifting an objection and for sanctions in negotiable-instrument enforcement are different.

How is a debt claim brought in Türkiye?

Subject-matter jurisdiction, territorial jurisdiction and applicable law are determined

Not every debt claim is brought in the commercial court. A commercial dispute, a consumer transaction, an employment relationship, a lease or a general debt relationship may give rise to different rules on jurisdiction. The fact that a case is heard before a Turkish court does not mean that Turkish law will always apply to the substance of the debt. The valid choice of law, the foreign element and mandatory provisions are examined.

An arbitration clause or a foreign court jurisdiction agreement should be considered at the outset. The existence of assets of the debtor in Türkiye does not mean that the main case can in every circumstance be heard in Türkiye. On the other hand, requests for interim legal protection to preserve assets may be considered separately.

In the required file, mediation comes first

Under Article 5/A of the Turkish Commercial Code (TTK), an application to mediation is a condition precedent to bringing an action for a commercial money claim, damages, annulment of an objection, a negative declaratory action or recovery of payment. Labour, consumer and lease disputes have their own rules. Starting general enforcement proceedings and bringing a claim are not the same step; mediation is not required in every file merely because enforcement proceedings will be started. [5] [6]

If agreement cannot be reached, the final minute is attached to the claim file. Never applying for mediation and applying but not attaching the minute have different consequences. When the provisions on the suspension of time limits are applied, the dates of the application and of the final minute are recorded.

Petition, service and the stage of defence

The petition clearly states what money is claimed, on what legal relationship, the sequence of events, the evidence, the interest and the outcome sought. The mandatory elements under Article 119 HMK and the conditions of the action are observed; court fees and the advance on expenses are paid. The choice of claiming all or part of the debt is made under the current procedural rules.

By an amendment that entered into force on 31 July 2026, the provision of Article 107 HMK on claims for an uncertain amount has been repealed. Under Article 109(4) HMK, in a partial claim the claim may, within the same action, be increased once until the end of the investigation, without being subject to the prohibition on extending the claim. The part added is also treated as having interrupted limitation from the date of the action. For this reason, it is not correct to prepare a new file according to the earlier description of the uncertain-amount claim; for files already opened, completed steps and the application in time must be examined separately. [3 Art. 107, 109, 448]

The petition is served on the opposing party. The defendant may raise defences such as jurisdiction, arbitration, payment, limitation, defect, partial performance or set-off. After the petition stage, the case moves to a preliminary examination and investigation in accordance with the procedure. Where a document is in a foreign language, translation and, where necessary, certification procedures arise; if foreign law is to be applied, its content may also need to be established.

Evidence is examined, judgment is given and enforceability is assessed

Depending on the scope of the dispute, the court evaluates the contracts, commercial books, delivery records, correspondence and, on matters requiring expertise, expert reports. Hearing witnesses or appointing an expert is not mandatory in every file. Timely submission of evidence and concrete objections to reports are important.

After the judgment, whether an appeal is open, the time limit for applying, and the enforcement of the decision are each assessed separately. Winning a case does not mean that the money is automatically paid into the account. If the debtor does not pay, the enforcement file must be advanced and seizable assets converted into recovery. [3]

What changes for cheque, promissory note, rent, pledge and subscription receivables?

Objection and proof in negotiable instruments

In enforcement specific to negotiable instruments, the formal requirements of the instrument, its maturity, presentation, the creditor's status and limitation are examined. The period for payment is ten days; the basic period for objections to the debt and the signature, and for complaints concerning the negotiable character of the instrument, is five days. The application is made not to the enforcement office, as in general enforcement, but to the enforcement court in the relevant matter. An objection to the debt does not automatically suspend enforcement steps other than sale; the court's suspension orders and other special provisions are reserved. [1 Art. 167–170/b]

This route is for cheques, promissory notes and bills of exchange; it cannot be assumed that another negotiable document or an ordinary acknowledgment of debt follows the same procedure. Where an objection to the debt is made, under Article 169/a of the Enforcement and Bankruptcy Law the parties are summoned to a hearing within thirty days at the latest. Where the defence is that the debt does not exist, has been paid or has been deferred, a special regime of proof applies based on an official document or a document whose signature has been acknowledged. This narrow examination is not the same as the full range of evidence available in a debt claim before the general court. The objection to jurisdiction must also be prepared in time, indicating the competent place.

An objection to the signature is made expressly; the court examines the signature under the procedure in Article 170. Where the objection appears serious, a provisional suspension order may be issued. Hearings to which personal attendance is required under the summons and signature-examination provisions of the law must be followed. An accepted objection to the debt or to the signature suspends enforcement; the possibility of bringing an action under the general rules is reserved. It cannot be said that an acceptance decision always removes the entire claim at the same time.

Sanctions are also separate. Where the objection to the debt is accepted on the merits, the creditor's bad faith or gross fault, or, in the case of rejection, the enforcement having been provisionally suspended and the opposing party's request, may give rise to compensation of at least twenty percent. Where the conditions of Article 170 are met in an objection to the signature, a fine of ten percent in addition to compensation of at least twenty percent may arise. Not every debtor who denies a signature, or every creditor whose objection is accepted in a file, is automatically penalised. The effect of negative declaratory, recovery or ordinary debt claims on the enforcement of sanctions is assessed under the relevant paragraph. [1 Art. 169/a, 170]

An appeal against a decision of the enforcement court is not always taken directly to the Court of Cassation. The type of decision, current monetary thresholds and transitional provisions are considered first, and an appeal to the regional court of appeal is considered, and an appeal on points of law where the conditions are met. The basic period under Articles 363–364 of the Enforcement and Bankruptcy Law is two weeks from service; the special provisions and the effect of the appeal on enforcement are checked separately. The special suspension and security regime of Article 169/a on the rejection of an objection to the debt must be particularly observed.

Distinguish a rent claim from a claim for eviction

Recovery of rent and eviction of the leased property are not the same claim. Eviction based on non-payment of rent, and the route based on the expiry of the term or on a written undertaking to vacate, have different documents and time limits. In residential and roofed workplace leases, the minimum thirty-day payment period under Article 315 TBK and the period for objection to enforcement must not be confused. Based on references to the former Code of Obligations, a three-day objection period should not be applied automatically to all short-term leases. [1 Art. 269–275] [4]

Where eviction is also sought for non-payment of rent, the enforcement and the payment order must be prepared accordingly. The basic period for objection under Article 269 of the Enforcement and Bankruptcy Law is seven days. Where the tenant expressly denies the lease relationship or the signature on the contract, the nature of the contract and the signature are decisive for lifting the objection. It should not be assumed that, in every enforcement that can be started without a written contract, the same ease of obtaining an eviction order will follow an objection.

If the tenant does not object and does not pay within the notice period, eviction may be requested from the enforcement court under Article 269/a within six months following the end of the notice period. Where there is an objection, the six-month period for an application to lift the objection runs from service of the objection on the creditor. These are different starting points. The route under Article 272, based on the expiry of the lease term, is examined separately for leases within its scope; in a residential or roofed workplace, the expiry of the term alone does not give the lessor a right of free eviction. The substantive rules on extension and the conditions for eviction are applied together. [1] [4 Art. 347, 352]

Pledge, subscription and in-kind delivery of goods

Where there is a pledge or mortgage, the rule requiring recourse to the pledge first under Article 45 of the Enforcement and Bankruptcy Law and its exceptions are assessed. Whether the security covers the debt, the nature of the document or the existence of a negotiable instrument may affect the choice of route. For specific money claims arising from subscription contracts, the Central Enforcement System (MTS) under Law No. 7155 applies. The MTS is not a type of enforcement on the basis of a judgment; it is a special procedure for the commencement of enforcement without a judgment in the matters covered by the law. [10]

Within the MTS, the price in money reflected in the invoice for the goods or services supplied to the consumer under a subscription relationship within the law's scope, and the conditions of enforcement through a lawyer, are assessed. Steps up to the start and attachment stage are carried out through the electronic system. Not every receivable of a consumer against a supplier is brought into this special method; claims other than money do not automatically fall within its scope.

A claim for the in-kind delivery of gold or a specific item is also not equated with a general money enforcement merely because it has economic value. First the distinction must be established: is the claim for in-kind delivery, or for a valid sum of money in its place?

If there is a court judgment, how is enforcement on the basis of a judgment carried out?

Under Article 38 of the Enforcement and Bankruptcy Law, settlements and admissions before a court, notarial instruments containing an acknowledgment of a money debt in the form prescribed by the law, and the guarantees of appeal and cassation, together with guarantees in the enforcement office, are subject to the provisions on enforcement of judgments. A notarial document that merely has its signature certified does not fall within this scope. Documents to which special laws give the character of a judgment are also subject to their own conditions. Enforcement of judgments may be requested from any enforcement office under the general rule in Article 34; special provisions are checked separately.

In enforcement on the basis of a judgment, the judgment relied on and its operative part are examined. In an enforcement order for a money debt, the seven-day period under Article 32 of the Enforcement and Bankruptcy Law is the basis. The debtor cannot suspend the enforcement by a simple objection to the debt, as in general attachment; however, grounds under Article 33 of that law, such as payment, deferral and limitation, and legal remedies against non-compliance with the judgment or procedural defects, are available. The statement "there is no right of challenge at all in enforcement on the basis of a judgment" is not accurate.

Money judgments of Turkish courts may, as a rule, be enforced before becoming final. Provisions concerning personal and family law, the ownership of immovable property and special statutory exceptions are assessed separately. There is no general requirement of finality for every compensation judgment. The recognition and enforcement of foreign judgments follows its own regime of finality and remedies. [1] [2] [3]

An appeal or cassation does not, in itself, suspend the enforcement of an ordinary money judgment. Where the conditions of Article 36 of the Enforcement and Bankruptcy Law are met, a decision to defer enforcement is obtained from the enforcement court of the place where the enforcement proceedings are conducted. For an enforcement on the basis of a judgment, the ten-year limitation provision in Article 39, measured from the last step, is also assessed together with the nature of the claim. The current judicial support system for the delivery of children must not be confused with the classic enforcement procedure described for recovery of money.

If you hold a foreign court judgment, the detailed roadmap is explained in the article Enforcement in Türkiye of Foreign Court Money Judgments.

Can a precautionary attachment be obtained before assets are removed?

Precautionary attachment (ihtiyati haciz) is a temporary protection used to secure future recovery of a money claim. The basic case under Article 257 of the Enforcement and Bankruptcy Law is a money claim that is not secured by a pledge and is due. For claims not yet due, special grounds provided by the law are required. The claim and, where necessary, the ground for attachment must be shown at the level of prima facie proof; saying only "the debtor is not paying" is not sufficient in every file.

As a rule, the court requires security for loss that may arise from wrongful attachment; in relation to judgments and documents having the character of judgments, the distinction in Article 259 is observed. This security is not the same legal category as the security under Article 48 MÖHUK required because of foreign status. Obtaining a decision is also not sufficient: enforcement must be requested within ten days from the date of the decision, and the claim and enforcement steps under Article 264 must be completed within their own periods. The effect of mediation as a condition precedent on the relevant period is calculated separately. [1] [6]

Where enforcement of a foreign judgment is in progress, a request for precautionary attachment may be considered; however, the effect of the foreign judgment, the security and the steps completing the attachment are separate legal questions. This stage should not be presented as an automatic and unconditional blocking of accounts.

After attachment, how does the money reach the creditor?

Where enforcement has become final, the creditor applies for attachment steps and bears the necessary costs. Bank accounts, vehicles, immovable property and rights and receivables held by third parties may be targeted according to the circumstances of the file. Attachment notices under Article 89 of the Enforcement and Bankruptcy Law are a special means of reaching the debtor's receivables from third parties. Asset enquiries are carried out through the authorised procedures; it cannot be assumed that every account can be fully seen at any moment or that every asset can be attached.

Non-attachability, a third party's ownership claim, pledges, earlier attachments, and the special rules on wages and pensions affect the amount recovered. Attachment does not, by itself, transfer ownership to the creditor. Where necessary, the process moves to valuation, electronic sale and distribution of the proceeds. Time limits for requesting attachment and sale must be monitored; an open file does not preserve all time limits indefinitely.

Where the debtor does not have sufficient assets, a certificate of insolvency (aciz belgesi) may arise according to its conditions. That document is not money recovered. For an allegation of asset removal, actions such as an action for annulment of disposition may be considered; not every transfer or every sale to a relative is automatically void. If the debtor is in composition with creditors, the effect of the respite on enforcement and attachment; if in bankruptcy, the registration of the claim with the estate and its ranking are examined separately.

At the payment stage for a foreign creditor, principal, interest, expenses, deductions and partial recoveries are shown separately. The transaction basis and identity documents required by the bank are prepared; the owner of the account to which the money will be transferred and the authority of the attorney are verified. The transfer of money abroad is considered separately from the accounting of the recovery in the enforcement file, from a banking perspective and, where necessary, from a tax perspective.

How should a currency claim, interest, costs and time limits be planned?

Must a foreign currency claim be converted into Turkish lira?

In a file governed by Turkish law, Article 99 of the Code of Obligations (TBK) is important for the payment of a foreign currency debt and for the choices upon default. It is examined whether the contract contains a clause requiring payment in the foreign currency itself. The Turkish lira amount and exchange-rate date required for the enforcement request under Article 58 of the Enforcement and Bankruptcy Law should not be automatically interpreted as an abandonment of a foreign-currency claim under substantive law.

The type, rate, start date and calculation period of interest should be stated separately. It is not correct to apply the Turkish lira statutory interest rate directly to a foreign currency claim, or to request the highest rate in every commercial file. The calculation is prepared by considering the contract, the applicable law and the relevant interest legislation together.

Under Article 1 of the new Law No. 3095, which entered into force on 31 July 2026, where the amount of interest is not fixed in a contract, the general statutory interest is linked to eighty percent of the discount rate applied by the Central Bank of the Republic of Türkiye (TCMB) to short-term credit operations on 31 December of the previous year. If the rate on 30 June differs from the previous year-end rate by at least five percentage points, the re-determination rule in the law applies for the second half of the year. The same rate should not be applied retrospectively to earlier periods in bulk; the periods must be separated. [12]

For commercial default interest, Article 2 applies; for a foreign currency debt, where there is no higher contractual rate, Article 4(a) must be separately assessed in relation to the highest interest paid by state banks on a one-year time deposit in the relevant currency. Current bank data, the period claimed and the interest in the foreign judgment must not be confused.

What items make up the cost budget?

Application and enforcement fees, proportional fees, notification, translation, certification, expert, attachment, custody and sale expenses are budgeted separately. The attorney's fee under the engagement agreement is not the same as the attorney's fee chargeable to the opposing party under the tariff the court will impose. Winning a case does not guarantee that all costs paid will be recovered in full and immediately.

Security is not always a permanent expense in every case, but during the process it may require cash or a bank guarantee. It is possible that the conditions for its return must be met and that a decision or a step is required. The budget should be prepared in separate scenarios for an uncontested enforcement and for a claim should one be needed. [7] [11]

Which start dates should be tracked in the timetable?

This table does not include all exceptions and complementary steps. Public holidays, the validity of service, mediation and special applications are calculated on the concrete file. A statutory period for objection is not the period for recovery of the debt. A definitive recovery date cannot be given without seeing service, the objection, the remedies, the assets and the sale position.

An example recovery scenario for a foreign creditor

Suppose that a company based abroad has a balance receivable of EUR 80,000 for goods delivered to a buyer in Türkiye. This amount is only an illustrative example. First the contract, the parties, delivery documents, partial payments, maturity, choice of law and any arbitration clause are examined. The fact that the debtor is active in Türkiye is not in itself a guarantee of recovery.

Where the conditions for enforcement without a judgment are met, the enforcement request is prepared with the competent office; the representation documents of the foreign company and the exemption from security are placed in the file. If the debtor does not object in time, the possibility of an attachment stage may be considered. If it objects, a route of lifting or claim is chosen according to the nature of the document; in a commercial action for annulment of an objection, mediation and the one-year period are followed together. Where assets need protection, precautionary attachment is separately considered.

Where the same company already holds a foreign court judgment, the strategy changes. The finality of the judgment, the conditions for recognition and enforcement in Türkiye and the subsequent enforcement on the basis of a judgment are planned. An invoice claim that has not yet been decided by a judgment cannot be pursued in the same way, with the same documents, in the same procedure.

Conclusion

Debt recovery in Türkiye requires not only choosing the right type of enforcement, but also proving the claim, preserving time limits and identifying reachable assets. For foreign individuals and companies, representation, document certification, the applicable law and exemption from security are part of the initial file. Enforcement proceedings, the claim and recovery are complementary but distinct stages.

For the first assessment of a concrete file, the contract, a statement of the claim, delivery documents, the debtor's objections and known assets should be presented together. When contacting Güneş & Güneş Law Firm, a short summary of the dispute may be shared in the first message; for documents containing identity, bank and commercial secrets, a suitable secure method of sharing must be agreed separately. This guide is for general information; the time limits and the choice of route are determined by the concrete file.

Related articles: Precautionary injunction and precautionary attachment; action for annulment of objection and lifting of objection; judgments that may be enforced before finality; limitation and preclusive periods; recovery of money claims by foreigners in Türkiye; enforcement in Türkiye of foreign court money judgments.

Frequently Asked Questions

Who may bring a debt claim?

As a rule, the creditor entitled to the right may bring the claim. Where the claim has passed by assignment or by inheritance, the status of the new right-holder and any rules on acting jointly are examined. In a claim on a company's debt, the action is conducted in the company's name through the organ with power of representation or a properly authorised attorney.

Can a foreign company pursue its claim in Türkiye without setting up a company there?

Yes. Setting up a company or branch in Türkiye is not a general requirement. The company's legal existence, its power of representation, the power of attorney and, where required, security or exemption documents must be prepared.

Can enforcement or a debt claim be pursued without travelling to Türkiye?

Generally yes, through a properly authorised lawyer. Whether the court requires a special act involving personal attendance, or conditions for executing documents, are assessed separately.

If I only have an invoice, can I start enforcement proceedings?

Enforcement without a judgment may be considered for a suitable money claim. However, if the debtor objects, proof of the claim may require the contract, delivery, acceptance and payment records in addition to the invoice. Being able to start enforcement and winning the case are not the same.

If the debtor does not object within seven days, does enforcement stop?

No. In general attachment, a timely objection suspends the enforcement. If no objection is made, enforcement becomes final and may move to the attachment stage under the statutory conditions.

Are an action for annulment of an objection and a debt claim the same?

No. An action for annulment of an objection is an action that is directed at the objection made to the existing enforcement and is subject to a special one-year period. A general debt claim is assessed under its own conditions and limitation. Their subject matter and outcomes should not be treated as identical.

Does every foreign creditor deposit twenty percent security?

No. Under Article 48 MÖHUK there is no fixed percentage for all foreigners. Whether security is required, the exemption and the amount are determined in the concrete file. The twenty-percent penalty for denial of debt (icra inkâr tazminatı) is a different matter from this security.

Does a person who does not pay a debt automatically go to prison?

No. Merely failing to pay a contractual debt does not automatically lead to imprisonment. The conditions of special arrangements, such as the obligation to declare assets or certain enforcement undertakings, are assessed separately; a criminal threat cannot replace legal recovery.

What is the consequence of not making an asset declaration?

If the conditions of Article 76 of the Enforcement and Bankruptcy Law are met, the competent authority may, on the creditor's application, order coercive imprisonment to compel an asset declaration. The period may not exceed three months, and performance of the obligation is important for ending the coercion. This consequence should not be described as an automatic penalty for non-payment of the debt.

If I win the case, will I certainly receive all my money?

No. The judgment provides a legal basis; actual recovery depends on attachable assets, priority rights and the outcome of the enforcement steps.

Sources and legal bases

1. Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu), in particular Arts. 16, 32–39, 45, 50, 58–68/a, 76, 78, 82–89, 106, 143, 167–170/b, 257–275 and 294.
2. Law No. 5718 on Private International Law and Procedure Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Arts. 1–2, 8–9, 24, 40, 47–59.
3. Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), in particular Arts. 6, 10, 17–18, 74, 84–89, repealed Art. 107, current Art. 109, 114–119, 190, 199, 222, 223–224, 350, 367 and 448.
4. Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu), in particular Arts. 99, 117, 146–147, 315, 347 and 352.
5. Turkish Commercial Code No. 6102 (Türk Ticaret Kanunu), in particular Arts. 4–5/A, 21 and 1530.
6. Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu), in particular Arts. 18, 18/A and 18/B.
7. Ministry of Justice, Obligation of Foreigners to Deposit Security (Yabancıların Teminat Yatırma Yükümlülüğü). The current text of the applicable agreement should be relied on rather than country lists.
8. HCCH, Convention on Civil Procedure of 1954, Art. 17, and current status table.
9. 4th Civil Chamber of the Court of Cassation (Yargıtay 4. Hukuk Dairesi), 26.09.2023, E. 2021/14584, K. 2023/9796, official full text.
10. Law No. 7155 on the Procedure for Initiating Enforcement of Money Claims Arising from Subscription Contracts (Abonelik Sözleşmesinden Kaynaklanan Para Alacaklarına İlişkin Takibin Başlatılması Usulü Hakkında Kanun).
11. Law No. 492 on Fees (Harçlar Kanunu). Specific amounts are calculated according to the tariff at the date of application and the stage of the procedure.
12. Law No. 3095 on Statutory Interest and Default Interest (Kanuni Faiz ve Temerrüt Faizine İlişkin Kanun), Arts. 1–4/a; the entry into force of Art. 1 as amended by Law No. 7589 is 31.07.2026.