Basis of the Claim, Parties and Evidence

Parties to the Claim and Identifying Those Liable

Directing the demand to the right person is as important as the existence of the claim. The person who signed the contract and the person liable for the debt are not always the same; representation, company structure, assignment, suretyship or joint and several liability must be examined separately.

• Identifying the original creditor and the original debtor
• Standing to be a party of natural persons, companies, ordinary partnerships and other legal entities
• The authority of the person signing on behalf of a company to represent it
• Representation without authority and subsequent ratification
• The legal position of the assignor and the assignee following an assignment of the claim
• Assumption of debt, accession to a debt and assignment of the contract
• The external and internal relationship of joint and several debtors
• The liability of sureties, guarantors, avalists and other providers of security
• The liability of heirs or universal successors
• The effect of a company merger, demerger, change of legal form or transfer of a business on the debt
• Identifying persons with a right of recourse and secondary obligors

Claims Arising from Money Loans and Bank Transfers

The fact that money was sent to a person through a bank does not, by itself, necessarily show that the transfer is a loan that must be repaid in every case. The transfer description, the relationship between the parties, correspondence, repayment conduct and the purpose for which the money was sent are assessed together.

• Written or oral money loan relationships
• Bank transfers, EFT and other payment records
• The legal meaning of the transfer description
• Money alleged to have been handed over in cash
• Loans with a fixed or unfixed repayment date
• Repayment in instalments and partial payment records
• Money transfers between relatives, shareholders or companies
• Distinguishing a loan from a gift, an advance, capital or a deposit for safekeeping
• Loans made in foreign currency or precious metals
• Determining the statute of limitations, default and the start of interest

Acknowledgment of Debt, Recognition of Debt, Reconciliation and Payment Protocols

A document containing an acknowledgment or recognition of debt can be important in proving the claim. However, the parties to the document, the signature, its scope, its connection with the underlying relationship, its validity and any later payment or release must be examined separately.

• Documents containing an acknowledgment or recognition of debt
• Debt documents drawn up or certified by a notary
• Current account and balance reconciliations
• Settlements, instalment arrangements and payment protocols
• Records of due date, default, interest and acceleration
• The status of the remaining instalments in the event of a breach
• Provisions on suretyship, guarantees and other security
• Allegations concerning signature, authority to represent and defects of intention
• The defense that the debt has been paid in full or in part
• Objections of release, novation, set-off or statute of limitations

Proving the Claim and Preserving Evidence

In debt disputes, proof depends not only on the existence of a single document but on assessing together the records that show the formation, performance and due date of the legal relationship and that the debt has not been paid.

• Contract, protocol, undertaking and acknowledgment of debt
• Invoice, delivery note, and delivery and acceptance documents
• Bank transactions, receipts and payment descriptions
• Receipt, release and reconciliation documents
• Checks, promissory notes, bills of exchange and other negotiable instruments
• Commercial books and electronic accounting records
• Notarized notice, Registered Electronic Mail (KEP) and service records
• E-mail, messaging and platform records
• The lawfulness of audio, video and other digital recordings
• Witnesses, court-appointed experts and on-site examination
• Documents to be obtained from public bodies, banks and third parties
• Preservation of evidence and protection of records at risk of being lost

The requirement to prove by document, initial evidence (delil başlangıcı), the evidentiary value of commercial books and the conditions for hearing witnesses are assessed separately according to the nature of the specific case and the date of the transaction.

Is a Receipt or a Message Enough on Its Own?

What the document shows matters: a money transfer can show that the money was sent; it does not always, on its own, prove the reason for the loan and the repayment agreement. The identity of the parties to the messages, their integrity, their dates and whether they were obtained lawfully are examined. Preserve the original records; do not rely only on selected screenshots.

If there is no written contract

The absence of a written contract does not eliminate the right to claim in every case. However, proof by instrument, initial evidence, acknowledgment, oath and witness evidence are each subject to separate conditions. Without determining the date and nature of the transaction, it cannot be said that “witness testimony is sufficient.”