How Foreign Court Money Judgments Are Enforced in Türkiye: A Guide to Tenfiz and Collection

A money judgment issued by a foreign court cannot, as a rule, be taken directly into enforcement proceedings based on a judgment (ilamlı icra) in Türkiye. The creditor must first obtain a decision on enforcement (tenfiz) from the competent Turkish court. Tenfiz gives the foreign judgment the capacity for compulsory enforcement in Türkiye. The actual collection of the money, however, takes place later through the procedures at the enforcement office, the debtor's voluntary payment, or attachment and sale. [1 Art. 50–57]

This route is not limited to foreign nationals. A money claim judgment obtained abroad by a Turkish national may raise the same problem. The decisive factor is that the judgment was issued by a foreign state court and is to be carried out in Türkiye. This guide focuses in particular on court judgments on contract, sale, service, credit and commercial compensation claims of companies, and on enforceable titles for private-law money claims of individuals.

Is the document in your hands really a court judgment suitable for tenfiz?

Before opening a file, the legal nature of the document in the country where it was issued should be examined, not its title. The authority that issued it, its parties, the operative part, whether it is final, and the payment obligation are identified. The decision may also be only a finding, a payment order, an interim measure, a notarial deed, a mediation agreement or an arbitral award. Not all of these are subject to the same tenfiz regime.

It should be investigated whether a foreign payment order has become a judgment, what procedure applies after an objection, and whether it has the nature of a court judgment under the law of that country. The word "enforceable" in a foreign document alone does not show that all the conditions required under Turkish law are met. In particular, provisional enforceability and finality must be distinguished.

Foreign arbitral awards are examined, to the extent applicable, within the framework of international conventions and Law No. 5718 on Private International and Procedural Law (MÖHUK), Article 60 et seq. and separate provisions. A foreign administrative decision imposing tax or an administrative fine is not equated with an ordinary private-law claim judgment. On the other hand, Article 50/2 (MÖHUK) allows an assessment for provisions on personal rights in a foreign criminal judgment. [1]

What is the difference between recognition and tenfiz?

Recognition aims at accepting a foreign court judgment as having res judicata or conclusive evidentiary effect in Türkiye. Tenfiz allows the judgment to be carried out through Turkish enforcement bodies. For a creditor who wants a bank account of the debtor attached or the debtor's real estate sold to pay a money claim, the essential need is usually tenfiz.

It should not be assumed that every file requires a separate recognition action followed by a separate tenfiz action, merely for the purpose of collection. The legal consequence sought and the scope of the judgment are the starting point. Under Article 58 (MÖHUK), the fact that reciprocity is not required for recognition does not mean that recognition replaces tenfiz for money collection. [1] For readers facing a similar situation, the article Recognition and Enforcement of a Foreign Divorce in Türkiye may serve as a guide.

First stage: The foreign judgment file and assets in Türkiye are reviewed together

The creditor should show, together with a complete copy of the judgment, which debtor owes how much of the claim. If the company has changed its name, merged or the claim has been assigned, the link between the judgment and the current party identities must be established. The fact that a holding company to which the debtor company belongs holds property in Türkiye does not make the holding company the enforcement debtor automatically.

Known information about assets in Türkiye is gathered at the outset: bank relationships, registered immovable property or vehicles, receivables arising from commercial activity, and existing security. This information guides lawful investigation and enforcement actions. The fact that an asset appears to be connected with the debtor does not, on its own, establish that it legally belongs to the debtor and may be attached.

This initial assessment should answer two questions: "Can the judgment be enforced in Türkiye?" and "Is there a value that can be collected after tenfiz?" A positive answer to the first does not guarantee the second. To protect the claim, the limitation periods and the need for interim protection should be addressed while the documents are being prepared.

Second stage: The legal conditions for tenfiz are checked

The judgment must be final in the country where it was rendered

Article 50 (MÖHUK) requires that the foreign judgment be final under the law of the state where it was rendered. The date of the judgment, its notification to the parties, the available remedies and whether those remedies have been used are examined. The document confirming finality may have a different name in that country's system. The legal situation it shows matters more than its name.

Part of a judgment may be final while another part is still in dispute. Where partial tenfiz is assessed for separable parts, the scope of finality must be documented clearly. It is not enough merely to hold the first-instance judgment, or to know that the judgment can be enforced abroad against security.

Reciprocity must exist with respect to the state that issued the judgment

Under Article 54/1-a (MÖHUK), an agreement between Türkiye and the state that issued the judgment is not the only possibility. A statutory provision or de facto practice in that state that makes enforcement of Turkish court judgments possible may also establish reciprocity. The conclusion "there is no bilateral agreement, so tenfiz is impossible" therefore cannot be drawn automatically.

This review is made with reference to the state where the foreign judgment was issued, not according to the creditor's passport. In federal states, the arrangement and practice of the relevant judicial district may affect the scope of the research. Instead of drawing a definitive result from an old list of countries, current legislation, practice and, where necessary, information obtained from the Ministry of Justice should be evaluated.

Exclusive jurisdiction and excessive jurisdiction problems must not arise

The judgment must not have been rendered on a matter that falls within the exclusive jurisdiction of Turkish courts. Also, where the defendant objects, the foreign court that accepted jurisdiction even though it had no real connection with the case or the parties is examined under Article 54/1-b. The mere fact that the debtor lives in Türkiye or has assets there does not mean that every foreign money claim judgment infringes the exclusive jurisdiction of Turkish courts.

The distinction is therefore important between a foreign judgment that seeks to establish an in rem right over immovable property in Türkiye and a judgment that orders the payment of money arising from a contract. The operative part of the judgment and the real subject of the dispute must be read together.

Public policy review is not a retrial of the claim

In a tenfiz action, the Turkish court does not re-examine from the beginning all the evidence of the debt relationship to create a new judgment in place of the foreign court. However, the consequences that the judgment would produce in Türkiye must not clearly be contrary to public policy. The fact that the foreign court applied a procedure or substantive law different from Turkish law is not, in itself, a ground for refusal.

In its decision of the Grand General Assembly for Unification of Case Law of the Court of Cassation (Yargıtay İçtihatları Birleştirme Büyük Genel Kurulu) dated February 10, 2012, E.2010/1, K.2012/1, it was accepted that a foreign judgment lacking reasons alone does not prevent tenfiz and does not amount to a clear violation of public policy. This outcome does not remove the importance of a violation of the right to defend. The absence of reasons and the failure to inform the party of the action are different problems. [5]

Documents on the debtor's right to defend must be ready

Article 54/1-c (MÖHUK) regulates objections that the defendant was not duly summoned to the foreign proceedings, was not represented, or that the judgment was rendered in absentia in violation of the applicable law. A default judgment does not mean that it can be enforced automatically. The concrete record of service and of the opportunity to defend is decisive.

When the action is filed, the service documents from the foreign file, proof of delivery or notice, representation records and any petitions submitted by the defendant should be prepared. International conventions on cross-border service also apply. The fact that the debtor learned of the case only through social media or an ordinary email does not, in every case, replace the required formal notice.

Third stage: Which documents are prepared for the action?

Under Article 53 (MÖHUK), the action requires the duly authenticated original of the foreign court judgment, or a copy certified by the judicial body that issued it, together with its duly certified translation. A document duly showing that the judgment is final, and its translation, are also added to the file. A simple screenshot or a summary prepared by a lawyer does not replace the copy of the judgment required by law.

Is apostille always mandatory?

The method of certification depends on the international arrangements applied between the state that issued the document and Türkiye. For suitable documents within the scope of the 1961 Apostille Convention, an apostille may be used instead of consular legalization. Bilateral agreements may provide an easier route or an exemption from certification. Where no applicable convention relationship exists, the relevant certification chain is determined separately. [6] [7]

The apostille verifies the signature on the document, the capacity of the signatory, and the seal or stamp. It does not confirm that the judgment is legally correct, that it is final, or that it will be enforced in Türkiye. The preparation of the finality certificate, the copy of the judgment and the translation should each be checked separately as to the procedure to be followed. For details on the subject, see Foreign Documents in Inheritance: Apostille, Translation and Name Discrepancies.

Fourth stage: In which court is the tenfiz action brought?

Article 51 (MÖHUK) designates the court of first instance as the competent court. Depending on the nature of the specific dispute and on special jurisdiction rules, the civil court of first instance or, for a commercial matter, the commercial court of first instance is considered. Special provisions on family and other specific areas are also taken into account. An approach that routes all claim judgments to one type of court is not correct.

As for venue, the order in Article 51/2 (MÖHUK) is as follows: the place of residence in Türkiye of the person against whom tenfiz is sought; if there is none, the place where that person is habitually resident; and if neither exists in Türkiye, one of the courts of Ankara, Istanbul or Izmir. In this last case, the mere location of property in Antalya does not make Antalya competent for tenfiz under the general rule. Special laws and provisions of international conventions remain reserved.

Is mediation required before tenfiz?

A pure tenfiz request is not a claim action that re-examines on the merits the claim decided in the foreign judgment. Therefore, the fact that the judgment concerns payment of money should not be considered sufficient for the automatic application of the mediation rule set for commercial claim actions. If an independent claim or another demand is raised alongside tenfiz, the procedural requirement for that demand must be examined separately. The nature of the request, current practice and Article 5/A of the Turkish Commercial Code No. 6102 (TTK) are evaluated together. [1 Art. 55] [4]

Fifth stage: Security, service and the tenfiz review are carried out

How are the foreign creditor's security and reciprocity distinguished?

The obligation of a foreign person or company to provide security under Article 48 (MÖHUK) and the exemption from it are a separate review. Here the nationality of the creditor or the status of the company, and the relevant agreements, are important. The reciprocity under Article 54 for tenfiz relates to the state that issued the judgment. In the same file, these two questions may have different answers.

For example, if a company established in State A wishes to have a judgment obtained from the court of State B enforced in Türkiye, the security exemption and the reciprocity regarding the judgment cannot be assumed to rest on the same country. The period granted by the court for the security it requires must be observed; if exemption is claimed, its basis must be submitted. It should not be said that the entire security will always be refunded automatically, or that it is calculated at a fixed percentage. [1] [8]

Which objections can the debtor raise?

The petition and the hearing date are served on the other party, and the request is examined under the simplified proceedings. The debtor may argue that the conditions for tenfiz are lacking, that the foreign judgment has been performed wholly or in part, or that a reason preventing performance has arisen. [1 Art. 55]

An objection of the type "the debtor interpreted the contract wrongly" does not allow the foreign case to be reopened from the beginning. On the other hand, the judgment not being final, the wrong person being targeted, an objection concerning the right to defend, or documented payment may affect the outcome of the file. The creditor should answer by separating which tenfiz condition each objection concerns.

The court may order tenfiz of the whole judgment or of a separable part. The scope of the principal, the interest and the litigation costs in the foreign judgment should therefore be stated clearly from the outset. The rejection of one item does not necessarily mean that the rest is rejected in every file; the conditions for partial tenfiz are assessed.

Can precautionary attachment be requested while tenfiz is pending?

Where the debtor's assets in Türkiye need to be protected, precautionary attachment may be considered during the tenfiz proceedings. However, the existence of a foreign judgment does not automatically give a right to attachment. The conditions concerning claim, maturity, pledge, proof and security under Articles 257–259 of the Enforcement and Bankruptcy Law No. 2004 (İİK) are examined. The extent to which an enforceable title that has not been tenfiz-ed may serve as a basis, and how the precautionary attachment will later be continued, should be addressed separately. [2]

Zeynep Derya Tarman's study on this subject discusses the assessment of the maturity of the claim before tenfiz, the relationship between the effect of legal remedies in suspending enforcement and the periods that complete the attachment, and the debates surrounding two different types of security. The practical lesson is to plan not only for obtaining a precautionary attachment order, but also for enforcement and the complementary steps. [9]

Article 261 (İİK) sets a ten-day period from the date of the decision for requesting enforcement; Article 264 sets out enforcement or action procedures depending on the stage of the file. Where the application for tenfiz prevents the main enforcement from progressing, how the precautionary attachment is to be preserved should be followed according to the concrete decisions. A precautionary attachment order and the actual blocking of the account and payment of the blocked amount to the creditor are different stages.

Sixth stage: The legal remedies and finality of the tenfiz decision are monitored

The finality of the foreign judgment in its own country and the finality of the Turkish tenfiz decision are separate events. Article 57 (MÖHUK) subjects remedies against the tenfiz decision to the general provisions and provides that an appeal to the Court of Cassation (temyiz) suspends performance. The finality status for enforcement purposes should be checked, taking into account its relationship with the regional appeal (istinaf) system.

For this reason, it should not be assumed that after the first-instance tenfiz decision one may proceed directly to collection as with an ordinary Turkish money judgment. Notification, the time limits for remedies, applications and their outcomes are monitored; when the stage suitable for enforcement is reached, the required finality record is obtained. Time limits are calculated not from the date of the judgment but according to the notification and procedural rules for the relevant remedy. [1] [3] For a broader framework, see the article Appeal in Civil Proceedings.

Seventh stage: Enforcement based on the judgment and collection are started in Türkiye

A foreign judgment for which tenfiz has been granted is enforced as a Turkish court judgment once the required enforcement conditions have been completed. The enforcement request is submitted together with the foreign judgment, the Turkish tenfiz decision and the required finality records, and with a correct balance calculation. The enforcement office sends the debtor an enforcement order. The basic payment period for a money debt is seven days under Article 32 (İİK).

The debtor cannot stop enforcement based on a judgment merely by objecting to a simple debt, as in the general attachment route. However, the debtor may make applications based on grounds provided by law, such as payment, deferral, limitation or conflict with the judgment. Demanding again in enforcement an amount already collected in the tenfiz file may give rise to the need to correct the calculation and to other legal consequences.

If there is no payment, procedures are requested for bank receivables, movable property, immovable property and rights of third parties that can be attached. Where necessary, the file moves to the stages of valuation, electronic sale and the distribution schedule. Earlier pledges and attachments, third-party claims of ownership, unattachability, and the debtor's bankruptcy or composition status affect actual collection. The general process is explained in the guide Debt Collection in Türkiye: Enforcement Proceedings and Civil Action. [2] The article Suspension of Enforcement (Tehiri İcra) examines this subject from a different angle.

How are principal, interest, currency and prior collections calculated?

The request for tenfiz must make clear which items of the foreign judgment are requested to be performed in Türkiye. The principal, the interest before the judgment, the interest after the judgment and the litigation costs are separated. The tenfiz court does not create a new claim judgment by changing the foreign judgment. Where the type of interest or the method of calculating it in the judgment is unclear, the relevant annexes and explanatory documents are examined.

In the enforcement request, the amount of the foreign-currency claim, its Turkish lira equivalent, the exchange-rate date and the interest calculation are prepared in accordance with Article 58 (İİK) and the scope of the judgment. Where a foreign court has rendered the judgment in a currency, no other interest rate should be added automatically merely because enforcement is carried out in Türkiye. A new claim outside the scope of tenfiz is assessed separately.

Every payment received from the debtor, from abroad, from security or by settlement is recorded in a common balance account. Parallel proceedings in more than one country do not give a right to double collection. The post-collection report shows the amount collected, its date, the method of offsetting, the costs deducted and the remaining balance. The decisions and transaction documents that the bank will request for transfers abroad are also kept.

What should be expected regarding time limits, fees and limitation?

The preparation period needed to file the tenfiz action and the duration of the action and of enforcement are different. Obtaining the certified judgment, the finality certificate, the translation, service abroad, the investigation of reciprocity, objections and the calendar of legal remedies all affect the timeline. Without seeing the whole file, a precise month or collection date for every country would not be reliable.

Article 4 of Law No. 492 on Fees (Harçlar Kanunu) provides that fees are charged for the tenfiz of foreign court judgments according to the value, type and nature of what the judgment orders. In a money claim tenfiz, fees based on the value of the file may arise. Translation, certification, service, attorney's fees, security and later enforcement costs are calculated separately. The fee and the security that is refundable subject to conditions are not the same cost item. [10]

Statements such as "tenfiz has no time limit" or "with tenfiz a new ten-year period begins for all claims" should be avoided. Under Article 8 (MÖHUK), limitation is linked to the substantive law applicable to the underlying relationship; for enforcement based on a judgment in Türkiye, Article 39 (İİK) and the nature of the specific limitation objection are evaluated separately. The date of the judgment, its finality, previous enforcement actions and the causes of interruption or suspension must be examined together. For more detail on this subject, see our article Limitation Periods and Preclusive Deadlines.

A complete example file for a foreign creditor, from start to finish

Consider a supplier company established abroad that has obtained a judgment from a foreign court against a buyer in Türkiye, ordering payment of EUR 120,000 and interest. This example does not promise automatic tenfiz for any particular country. First, the entire judgment, its finality, the service documents, the parties in the foreign case and the debtor's records in Türkiye are matched against each other.

Then reciprocity with respect to the state that issued the judgment and the security exemption for the creditor company are examined separately. Certified documents and translations are prepared. Venue and jurisdiction are determined on the basis of the debtor's residence in Türkiye and the commercial nature of the dispute. Where necessary, the protection of assets together with tenfiz is evaluated.

In the tenfiz action, the sale price decided in the judgment is not re-tried from the beginning; the statutory conditions for tenfiz and the appropriate objections raised are examined. Once the enforcement conditions are completed, enforcement based on the judgment is initiated after the balance is calculated over the principal, interest, costs and prior payments. If there are bank receivables or other assets, the appropriate attachment and collection procedures are carried out. Without assets, obtaining the judgment alone does not secure collection.

Conclusion

A foreign court's money judgment can be a strong starting document for collection in Türkiye, but it does not replace the tenfiz and enforcement stages. A successful file shows, through clear documents, the legal nature of the judgment, its finality, respect for the right to defend, reciprocity, representation and the security position. The next stage is to turn this legal basis into actual collection from the debtor's reachable assets.

In the initial assessment, all pages of the judgment, the finality certificate, the service records, the payment breakdown and the known Turkish connections should be prepared together. In first contact with Güneş & Güneş Law Firm, the country where the judgment was issued, the type of claim and a short summary of the dispute can be shared; a secure transmission method for sensitive documents should be determined separately. This guide is for general information; a concrete judgment requires review on a country- and file-specific basis.

Related articles: Collecting Claims in Türkiye: Enforcement Proceedings and Civil Action; Precautionary Injunction and Precautionary Attachment; Enforceable Titles Before Finality; Collection of Money Claims by Foreign Natural and Legal Persons in Türkiye.

Frequently Asked Questions

Can I have a foreign court judgment translated and submit it directly for enforcement?

As a rule, no. Translation and certification relate to the submission of the document. They do not replace the tenfiz decision required for enforcement based on a judgment. Applicable special international arrangements are also checked separately.

If both the creditor and the debtor are foreign, is tenfiz possible in Türkiye?

Yes; nationality alone is not an obstacle. Legal interest, jurisdiction, the tenfiz conditions and the connection to enforcement in Türkiye are assessed. The location of the debtor's assets here is important for collection.

What happens if there is no agreement between Türkiye and the country that issued the judgment?

This situation is not, by itself, a ground for refusal. Legal or de facto reciprocity under Article 54/1-a (MÖHUK) is also examined. Documents are required depending on the country and the relevant judicial district.

If the debtor did not take part in the foreign proceedings, can the judgment not be enforced?

Such a result does not follow automatically. It is examined whether the defendant was summoned under the applicable procedure, whether there was representation and an opportunity to defend, and what objection the defendant raised.

Can I request partial tenfiz for the principal amount only?

Partial tenfiz may be assessed under Articles 52 and 56 (MÖHUK), provided that the part requested is clearly stated. The separability of the judgment and the conditions of the relevant part are examined.

Is payment certain once a tenfiz decision is issued?

No. Completion of the enforcement conditions and the existence of collectible assets are necessary. Priority claims, unattachability, composition or bankruptcy may affect the outcome.

Are foreign court judgments and foreign arbitral awards applied in the same way?

No. Arbitral awards are subject to different contractual and statutory provisions, document requirements and grounds for refusal. A guide on court judgments should not be applied directly to an arbitral award.

If tenfiz is refused, can a new claim action be brought in Türkiye?

This depends on the ground for refusal and the status of the file. The jurisdiction of Turkish courts, the effect of res judicata, any arbitration or jurisdiction agreement, limitation and the evidence are assessed. A refusal does not automatically give rise to a new action, nor does it automatically extinguish the claim.

Sources and legal bases

1. Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Arts. 1–2, 8, 48 and 50–63.
2. Law No. 2004 on Enforcement and Bankruptcy (İcra ve İflas Kanunu), in particular Arts. 32–39, 58, 82–89 and 257–265.
3. Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), in particular the provisions on evidence, simplified proceedings and remedies.
4. Law No. 6102 Turkish Commercial Code (Türk Ticaret Kanunu), Arts. 4–5/A.
5. Grand General Assembly for Unification of Case Law of the Court of Cassation (Yargıtay İçtihatları Birleştirme Büyük Genel Kurulu), February 10, 2012, E.2010/1, K.2012/1, official full text; on the distinction between absence of reasons and public policy.
6. HCCH, full text of the 1961 Apostille Convention, in particular Arts. 2–5, and the current status table.
7. Ministry of Justice, Bilateral Judicial Assistance Agreements. The provisions and scope of the agreement in force for the specific country apply.
8. Ministry of Justice, Obligation of Foreigners to Deposit Security.
9. Zeynep Derya Tarman, Non-Enforcement of a Precautionary Attachment Order Issued During the Tenfiz of Foreign Court Judgments (Yabancı Mahkeme Kararlarının Tenfizi Sırasında Alınan İhtiyati Haciz Kararının İcra Edilememesi Sorunu), Public and Private International Law Bulletin, 2024, 44(1), pp. 99–120, DOI: 10.26650/ppil.2023.44.1.1345399.
10. Law No. 492 on Fees (Harçlar Kanunu), in particular Art. 4 and the related tariff.