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DEBT CLAIMS · DEBT DISPUTES

Debt Claims

We review the basis of the claim, its proof and the collection risk together. Legal support for contract, loan, invoice and commercial receivables, and in defense against a debt, litigation, mediation and interim legal protection.

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CLAIM · DEFENSE · PROOF · COLLECTION RISK

Our Areas of Legal Support in Claim and Debt Relationships

A debt claim action is the legal route through which a debt that has not been paid or performed is demanded by court judgment. The appropriate application is determined according to the source of the claim, its due date, the parties and the available evidence.

We review the file together in terms of the merits of the claim, the defenses and the possibility of collection. Starting from the contract and payment records, we clarify interest, time limits, security and procedural prerequisites.

  • 01

    Basis and proof of the claim

    Loans, bank transfers, acknowledgments of debt and contracts; identifying the right party and the required documents.

    Guide to basis and evidence
  • 02

    Commercial receivables and instruments

    Claims arising from invoices, delivery, current accounts, commercial records, checks and promissory notes.

    Review commercial documents
  • 03

    Amount, interest and time limits

    Partial payments, offsetting, due date, default, type of interest, exchange-rate difference and the statute of limitations.

    Guide to calculation and time limits
  • 04

    Litigation and mediation

    Debt claim action, annulment or removal of the objection; the court with subject-matter jurisdiction and procedural prerequisites.

    Routes of application
  • 05

    Defense against a debt

    Assertions of payment, set-off, release and invalidity; negative declaratory action and recovery of money paid.

    Defense routes
  • 06

    Protection of the claim

    Precautionary attachment, security, suretyship, assignment of the claim and assessment of the collection risk.

    Guide to protection and security

The Right Legal Route for Your Needs

01 · YOUR CLAIM HAS NOT BEEN PAID

Clarify the due date, the documents and the demand

Formal notice (ihtar), negotiation, mediation, litigation and enforcement proceedings do not carry the same outcome or conditions. The first step is to identify the legal basis of the claim and its evidence.

02 · YOU HAVE RECEIVED A DEBT DEMAND

Direct the objection to the right authority

Defenses that the debt never arose, that it has been paid or that the amount demanded is wrong are assessed separately. Sending an e-mail does not replace a formal objection.

03 · THERE IS A COLLECTION RISK

Consider interim protection in time

Allegations that assets are being disposed of or that security is insufficient must be made concrete. The conditions for precautionary attachment are reviewed; collection of payment cannot be guaranteed.

How Do We Review Your File?

  1. The relationship and documents

    The parties, the legal basis, the contract, performance and payment records are reviewed together.

  2. Calculation and risks

    The principal, interest, time limits, defenses and the status of security are determined.

  3. Application and pursuit of the claim

    Among mediation, litigation, enforcement and interim protection options, the one suited to the file is planned.

  4. Decision and implementation

    Legal remedies, implementation of the decision, collection and security procedures are assessed.

Which matters are clarified at the end of the first consultation?

The route that can be followed, missing documents, the need for urgent action and the next steps are determined. Advisory work, litigation, enforcement proceedings and legal remedies may fall under separate scopes of service. The attorney’s fee, litigation costs and any security that may be required are explained separately. The duration and the outcome depend on the circumstances of the file.

Checklist for Preparing for the First Consultation

You can start with the documents you have. A missing document does not require you to postpone the first assessment. First, state the approaching time limit and the stage the claim has reached.

Documents that will be useful to prepare

  • Contract, acknowledgment of debt, payment protocol, check or promissory note.
  • Invoice, order, delivery, acceptance and service records.
  • Bank receipts (dekont), partial payments, offsetting and account reconciliation.
  • Formal notice (ihtarname), Registered Electronic Mail (KEP) records, enforcement and court documents, and service documents.
  • A chronology of events, the amount claimed and, if any, the other party’s objections.

Frequently Asked Questions About Debt Claims

If I have no written contract, can I still claim my receivable?

The absence of a written contract does not remove the right to claim in every case. The nature of the relationship, the date of the transaction, bank records, correspondence and the evidence that can be used are reviewed. It should not be assumed that proof by witness testimony is possible.

Is a bank receipt or an invoice enough on its own?

Not always. The extent to which the receipt shows the reason for the payment, and the invoice shows the underlying relationship and performance, is assessed. It may be necessary to review delivery, acceptance, correspondence and payment records together.

Should enforcement proceedings or a debt claim action come first?

The document at hand, the nature of the claim and the likely defenses are decisive. Starting with enforcement proceedings is not mandatory in every file. Mediation as a condition precedent to litigation and the court with subject-matter jurisdiction are also checked separately.

Is mediation mandatory in every debt claim action?

No. In commercial, employment, consumer and lease disputes, the relevant scope and exceptions are assessed. It should not be overlooked that commercial actions for a negative declaratory judgment and for recovery of payment may also fall within the scope of the procedural prerequisite.

Does filing an action for a negative declaratory judgment stop the enforcement proceedings?

Not automatically. Whether the proceedings have started, the protection requested, security and any special provision are important. The general rule that applies after enforcement proceedings have begun must be distinguished from the exception concerning proceedings that begin during mediation.

Does sending a formal notice stop the statute of limitations?

It should not be assumed that the statute of limitations is interrupted merely because a formal notice was sent. The type of claim and the grounds for interruption and suspension are reviewed separately. Time limits must also be tracked while negotiations continue.

If the case is won, is collection certain?

No. The debtor’s ability to pay, their assets, existing security and other creditors affect the implementation stage. For this reason, legal merit and collection risk are assessed together.

If I live abroad, can I start the process?

Your file with a connection to Türkiye can be assessed through an online consultation. The power of attorney, foreign documents, translation, service of documents and the conditions in the country where the decision will be enforced are determined.

Receivables Connected to Türkiye and International Receivables

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, reviews claim and debt disputes in the 81 provinces of Türkiye according to subject-matter and territorial jurisdiction, evidence and representation requirements.

In transactions with foreign parties, the applicable law, foreign-currency debt, service of documents abroad and enforcement of the decision in the country where the assets are located are planned from the outset. Our physical headquarters is in Antalya.

Languages of communication: Turkish, English, German and Russian.

LEGAL ASSESSMENT SPECIFIC TO YOUR FILE

Let us clarify your request, your documents and the next step.

You can request a consultation by stating the source of your claim or the debt demand directed at you, the current stage and, if any, the date of service.

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The information and documents you share are used within the principles of confidentiality and personal data protection, for legal assessment and within the agreed scope of service. An inquiry alone does not create an attorney–client relationship; it does not stop statutory time limits. This content is general information.