What to Know Before Filing a Lawsuit: Evidence, Time Limits, Costs and Collection Risk

Legal content check date: October 10, 2026

Before filing a lawsuit, you should answer four basic questions together: What do I want, how will I prove it, within what time limit must I act, and how will the resulting judgment be enforced? Litigation costs, attorney’s fees, the other side’s defenses and the possibility of a settlement should be added to these questions. Filing a petition starts the judicial process; a well-prepared file, on the other hand, shows which right will be protected, with which evidence and by which route.

A person who has been wronged often wants, first of all, to be understood. That expectation matters. However, for a court to be able to decide, the events must be tied to a legal claim, the claim to concrete facts, and the facts to usable evidence. A decision to sue taken amid anger, uncertainty and financial strain may fail to provide the expected protection because of missing documents, the wrong party or a missed time limit.

This guide addresses the preparation to be made before filing a private-law action in Türkiye, particularly for claims, compensation and contract disputes. Criminal investigations, administrative applications and administrative judicial time limits are subject to their own rules. Although the checking method described here may be useful in those fields as a way of thinking, the time limits and application rules cannot be transposed directly. The documents, dates and special provisions of the specific file must be assessed together.

Before filing a lawsuit, assess together what you want, how you will prove it, what the process will cost and how the judgment you obtain will be enforced.

What outcome do you want to reach by filing a lawsuit?

Turn the desired outcome into a legal claim

“I want to get what is rightfully mine” is an understandable starting point; on its own, it is not enough to determine the judgment the court will render. The payment of a sum, delivery of goods that were not delivered, termination of a contract, compensation for a loss, a declaration of a right or the cessation of an interference rest on different conditions. Demanding performance of a contract and demanding the consequences of rescinding it are likewise not the same legal choices. Claims that are incompatible with each other should not be placed in the same petition without considering their conditions.

The desired practical outcome should be written down first: for example, “refund of the price I paid,” “remedy of the defective work,” “delivery to be made” or “compensation for a specific loss I suffered.” Then it is examined by which legal route this outcome can be obtained. An action for performance seeks the giving, doing or not doing of something; a declaratory action, as a rule, seeks a determination that a right or legal relationship exists or does not exist. Merely establishing an event is not the same as a declaratory action. In a declaratory claim, a current legal interest is assessed separately. [1]

In calculating the claim, the principal, payments, deductions, interest, contractual penalty and any different heads of loss should be shown separately. The same economic loss should not be claimed twice under different names. Whether you have performed your own obligation, as well as the other side’s breach of contract, and whether you have made any acknowledgment or release statement, also matter. [2]

Compare the court, enforcement proceedings and other routes of application

Not every dispute begins directly with a petition. For some monetary claims, enforcement proceedings that meet the conditions may be considered. A valid arbitration agreement, the subject-matter jurisdiction of the consumer arbitration committee (tüketici hakem heyeti) or a special application regime may require another route to be examined first. Because the monetary thresholds of the consumer arbitration committee change from year to year, the amount on the date of application and the nature of the dispute should be checked. [1, 5, 8]

Starting enforcement proceedings is not filing a lawsuit. A payment order issued on a request for enforcement does not mean that a court has definitively found the claim to be justified. Depending on the type of proceedings, the debtor may have an objection or other routes of application. In proceedings halted by an objection, the route and time within which the creditor can continue vary according to the nature of its document. Nor should a payment order in enforcement without a judgment be confused with an enforcement order used in enforcement based on a judgment (ilamlı takip). [5]

The first decision should not answer the question “action or enforcement proceedings?” on the basis of speed alone. The existing document, the likelihood of an objection, costs, any mandatory preliminary application, the need for interim protection and the enforceability of the judgment ultimately obtained should be compared together. The route that looks shortest at the start may not be the most suitable one for the file as a whole.

With what evidence can you prove that you are right?

Turn the account of events into an evidence map

The first step of preparing to prove a case is to write the events in order of date. The second step is to place, opposite each fact that affects the resolution of the dispute, the evidence that supports it. Instead of saying “there are many messages,” it should be determined which exchange shows the scope of the contract, which shows delivery and which shows acknowledgment of the debt. The Code of Civil Procedure (HMK) requires facts to be made concrete and requires it to be explained for the proof of which fact each piece of evidence is offered. [1]

The burden of proof does not automatically lie with the plaintiff or the defendant on every issue. Unless the law provides otherwise, the party who derives a right in its favor from an alleged fact proves that fact. What must be proved may not be the same for the person who asserts that a debt arose and the person who defends on the ground that the debt was paid. Statutory presumptions, special rules of proof and the other side’s admission may change the assessment. [1]

Table 1. Map of events, documents and missing evidence — illustrative example

This table is used not to increase the number of documents but to see the missing links. That an invoice has been issued does not in every case establish that the goods were delivered; nor does the fact that money was sent, by itself, establish that the transfer was a loan, an advance or a debt payment. The conditions under which a document was issued and its relationship to the other records matter. Nor does a court-appointed expert take the place of every event that cannot be proved to have occurred; there must be data and a dispute framework from which the expert can make a technical assessment.

Protect the integrity and lawfulness of digital evidence

E-mails, messages, photographs and electronic records can have the character of documents within the meaning of the HMK. However, not every screenshot ends the debate about content and attribution by itself. The sender, the recipient, the date, the earlier and later parts of the conversation, the original file and, where necessary, the source device on which an examination can be carried out are all important. Cropped images or retyped messages can make the assessment harder even if the content is genuine. [1]

Do not select correspondence only from the sentences that appear to favor you. Keep the original files unaltered; create a separate working copy for review. Where necessary, export, metadata and integrity checks can be considered. That a file has not been technically altered does not show that the claim it contains is necessarily true; these two matters are examined separately.

Evidence obtained unlawfully cannot be taken into account in civil proceedings. Entering another person’s account without permission, using a password or secretly recording a communication does not become lawful by itself merely because the aim is to prove a claim. Because different assessments may apply depending on the specific case, the method by which the evidence was obtained should also be explained as part of the file. Where the law requires proof by a written instrument, the existence of a witness or a message may not resolve the whole proof problem. [1]

Put the records against you into the file as well

Partial payments made, extended due dates, your own acknowledgment of incomplete performance, signed records and the other side’s potentially valid objections should be seen at the outset. Withholding these records from the attorney causes a weak claim to be mistaken for a strong one. A document that emerges later can affect both the litigation strategy and the trust between client and attorney.

The same approach is needed for witnesses: when, where and how the person actually saw the events must be established. A person is not taught to recount what they have heard as if they had seen it themselves. Litigation preparation is the organization of facts and evidence; it is not the after-the-fact construction of a story to be proved.

Which time limits and application requirements should be checked before filing a lawsuit?

Distinguish the dates of the event, of learning, of maturity and of notification

A file may not have a single “starting date.” The day the contract was signed, the due date of the debt, the date the loss occurred, learning of the loss and of the person responsible, the arrival of the formal notice (ihtar), the making of an official notification (tebligat) and the application to mediation can each produce different legal consequences. First, it should be written down which of these dates is verified by which document.

The statute of limitations, time limits for bringing an action (hak düşürücü süre) and procedural time limits are different institutions. Raising the statute of limitations, and its suspension and interruption, are subject to their own rules. As to time limits for bringing an action, the consequence and the court’s method of review may differ. Time limits for filing a petition, offering evidence or resorting to a legal remedy, in turn, relate to the procedural order. An act that has effect in one does not necessarily protect the time limit in another. [1, 2]

Table 2. Date record to be built before calculating the time limit

In calculating the last day, holidays, the method of notification, electronic notification and special statutory provisions are addressed separately. The moment a message is seen on a telephone and the date on which it is deemed legally notified are not always the same. In place of an oral reminder such as “I have one month,” the starting point, the method of calculation and the last day should be clearly recorded in the file.

Do not confuse the effect of formal notice, negotiation and mediation

For a debt that has fallen due, a formal notice to the debtor is, as a rule, required for default; a day fixed by the contract and other statutory exceptions are assessed separately. A formal notice can also serve to prove the content of the demand and the date it arrived. However, an ordinary formal notice from the creditor, or the parties’ continuing to talk, is not by itself an act that interrupts the statute of limitations. Acts listed by law, such as the debtor’s acknowledgment of the debt, partial payment and a lawsuit or an application for enforcement, produce separate consequences. [2]

In mediation as a condition precedent to litigation, from the application to the mediation office until the date the final record is issued, the statute of limitations is suspended and the time limit for bringing an action does not run. Suspension is not an interruption that in every case resets the time already elapsed. The time remaining after the final record must be recalculated. In voluntary mediation, the starting moment and conditions are examined separately; calling an everyday bargaining session “mediation” does not create the same legal protection. [4]

The types of employment disputes listed in the law, certain commercial actions, the relevant part of consumer disputes and disputes within HUAK Art. 18/B should be checked for mediation as a condition precedent to litigation. A generalization that “the same route is mandatory in all employment, consumer or rent disputes” would not be correct. For example, there are special provisions for certain claims based on work accidents and occupational diseases, for the subject-matter jurisdiction of the consumer arbitration committee and for the eviction of leased immovable property through enforcement proceedings without a judgment. [4, 6, 7, 8]

The mediation application must cover the right parties and the dispute that will be the subject of the action. Records of the fact of the application, the scope of the discussions and the outcome should be preserved. Failing altogether to satisfy the condition precedent to litigation and failing to attach the final record of an application that was made to the petition are not the same deficiency; an action should not be filed on the assumption that it can necessarily be cured later. [4]

Is there an earlier lawsuit or agreement on the same dispute?

When preparing a new action, put the history of the dispute in the file as well. Earlier petitions, interim and final decisions, records of finality, waiver or acknowledgment statements, settlement records, releases and mediation agreements should be examined together. The information that “that file is closed” is not enough; it must be understood which claim ended, for what reason and within what scope.

The pendency of the same action (lis pendens, derdestlik), and the resolution of the same dispute by a final judgment under the necessary conditions, may give rise to a bar of res judicata. HMK Art. 114 regulates these matters among the procedural prerequisites. In assessing the scope of res judicata, the parties, the cause of action and the claim decided are compared. That an action has previously been filed between the same persons does not, by itself, bar all new claims. Whether the earlier decision was procedural or on the merits, and whether the new claim is really the same, are also investigated separately. [1]

Waiver of the action, acknowledgment of the claim and in-court settlement produce legal consequences like res judicata within the scope stated in the law. No action can be brought on matters agreed in mediation either. However, not every private protocol is automatically regarded as an in-court settlement; the nature, scope and validity of the document and the applicable special provisions matter. If a ground for avoidance such as a defect of intent is invoked, its legal route and conditions are assessed separately. Instead of ignoring the earlier agreement and demanding the same claim again, the binding force of the agreement and the consequences of its non-performance should be examined. [1, 4]

How are the right defendant, the right court and the right claim determined?

Distinguish the trade name from the legal person

A store’s signboard, a social media account or a website does not always show the full identity of the person who will be the defendant. Who made the contract, who issued the invoice, who received the payment and who undertook the commitment should be checked separately. The company itself, its shareholder, its manager, its employee and, if any, its guarantor are not automatically liable for the same debt in the same way.

For details on the subject, see dissolution and liquidation of an ordinary business association (adi ortaklık).

Standing to be a party (husumet) differs from capacity to be a party and capacity to sue. A claim directed at the wrong person may, as a rule, lead to dismissal on the merits for lack of standing; not every “wrong defendant” problem can be treated as a simple procedural defect. The conditions under which a change of party is possible are assessed separately. If more than one person is thought to be liable, the legal basis of each one’s liability must be shown. [1]

Examine jurisdiction, venue and contract provisions together

Subject-matter jurisdiction concerns which type of court will hear the dispute; territorial jurisdiction concerns the place where the action will be heard. That one party is a company does not by itself make every dispute a commercial action. A consumer transaction, an employment relationship, a lease or another special regime may give rise to different jurisdiction rules. General territorial jurisdiction, special territorial jurisdiction, exclusive jurisdiction and a valid jurisdiction agreement are likewise not the same. [1, 6, 7, 8]

The venue should not be chosen without reading the arbitration and jurisdiction clauses in the contract. The validity of these clauses is assessed together with the status of the parties and the nature of the dispute. In a contract with a foreign element, the applicable law, international jurisdiction, notification abroad and enforcement of the decision in another country also become important. A generic petition found on the internet does not resolve these connections by itself.

Take into account the 2026 amendment on the amount of the claim and partial actions

Determining the amount of the claim affects the calculation of fees and costs, and it also affects how the claim can be increased during the proceedings. Law No. 7589, which entered into force on July 31, 2026, repealed the provision on the action for an unspecified claim in HMK Art. 107 and added a new paragraph to HMK Art. 109 on increasing the claim in a partial action. Under the new provision, where only a part of a claim is sued for, the claim may be increased once in the same action, up to the end of the investigation phase, without being subject to the prohibition on expanding the claim. The statute of limitations is also deemed interrupted from the date of filing with respect to the increased part. [3]

The transitional rule of this amendment is important: the repealed HMK Art. 107 continues to apply to actions filed before the date of repeal. Accordingly, the same explanation cannot be used for a newly filed action and for one filed earlier. An account of the action for an unspecified claim in an outdated internet article should not be taken as the current procedure for a new application. [3]

The new provision does not remove the need to set out the basis and calculation of the claim. Divisibility, the nature of the claim, the stage of the investigation, use of the one-time opportunity to increase and the fee to be completed should be assessed together. That the statute of limitations is deemed interrupted on the date of filing for the increased part does not mean that it revives a period that expired before the action was filed, or that it moves the start of interest to the filing date in every case. As to interest, default and the relevant substantive rule apply separately. [1, 2, 3]

The type of dispute also matters in calculating interest. The provision added to Turkish Code of Obligations (TBK) Art. 55 by Law No. 7589 provides different starting points for interest on compensation for loss of working capacity and loss of support, depending on the amount for the period of known income and the amount for the period in which income cannot be known. For the first, the event is the basis; for the second, the date of the decision. This provision applies to events that occur after it enters into force. It cannot be carried over automatically to a contractual claim or to a loss that predates it. [3]

What claims can the other side raise against you?

Litigation preparation should not be done on the assumption that the other side will merely deny. Incomplete or defective performance, delay, payments made, contractual penalty, loss, restitution and another claim may also come up. The contract clauses, records and correspondence on which these allegations are based should be examined at the outset. That your own claim looks strong does not show that the other side has no independent right.

A defense seeking dismissal of the claim and a counterclaim seeking a separate judgment in favor of the other side are different. Set-off, if its conditions are met, can cause mutual debts to expire up to the smaller amount; deduction (mahsup), on the other hand, may require assessment of the items to be reduced in a calculation. It cannot be said that a counterclaim must necessarily be filed for every set-off defense. Whether an independent claim is raised by counterclaim or by a separate action, and the conditions of connection and time limit, are determined according to the specific file. The ending of the main action does not in every case end the counterclaim either. [1, 2]

For example, a person claiming an unpaid service fee may face a defense that the work was done incompletely, together with a claim for loss. This possibility is not automatically accepted as justified; its evidence and legal basis are investigated. The pre-filing assessment should show, alongside the expected collection, the possibility that a payment obligation may arise because of a counterclaim. The settlement option and the litigation budget become more realistic with this two-sided examination.

Is urgent protection needed before filing a lawsuit?

Distinguish the preservation of evidence from the interim protection of a right

Sometimes the first task is not completing the petition but protecting evidence that may be lost. For damage in a building that is to be repaired, a defect in a machine that is to be dismantled or a physical situation that is changing, waiting can make later proof more difficult. Preservation of evidence, if its conditions are met, serves to prevent this loss. There must be a legal interest in having the preservation carried out now; the loss of the evidence, or a significant difficulty in presenting it later, is assessed. [1]

Preservation of evidence is not an action that awards collection of a claim. Nor does a preservation report mean that the entire dispute has been definitively resolved. The other side’s objection, the scope of the report and the other evidence can be assessed in the main action. It should not be assumed that an application for preservation of evidence by itself protects the time limit for filing the action.

Choose between an interim injunction and precautionary attachment according to the purpose

An interim injunction, under the conditions in the HMK, can provide interim protection with respect to the right or property in dispute. The aim is to prevent the obtaining of the right from becoming seriously difficult if the situation changes, or significant harm from arising because of delay. In the application, entitlement is established by prima facie proof; the decision is not a definitive judgment on the merits. Whether security is required, and its amount, are assessed separately. [1]

Precautionary attachment, by contrast, is aimed particularly at securing the later collection of a monetary claim. For money debts that are due and not secured by a pledge, the conditions in the Enforcement and Bankruptcy Law (İİK) apply; for claims not yet due, limited special conditions are additionally required. Generalizations such as “the debtor must be hiding assets” or “an injunction is granted for every monetary claim” are not correct. The type of request, prima facie proof and security should be addressed together. [5]

Table 3. Different purposes of interim protection tools

Having the decision enforced in time is as important as obtaining it. Under HMK Art. 393, enforcement of an injunction must be requested within one week of the pronouncement (tefhim) or notification of the decision to the requesting party. For an injunction granted before the action, under HMK Art. 397 the main action must be filed within two weeks from the date on which enforcement was requested; the document relating to this must be submitted to the enforcing officer and made part of the file. These two time limits relate to different acts and have different starting points. [1]

In precautionary attachment as well, the time limit for requesting enforcement of the decision and the time limit for completing the attachment by action or proceedings are followed separately. Articles 261 and 264 of the Enforcement and Bankruptcy Law should be assessed according to when and at what stage the attachment was made. An objection to the payment order or a judgment in the main action may give rise to new completing acts. A file is not regarded as protected merely because “an attachment order was obtained.” [5]

Mediation as a condition precedent to litigation is not, in itself, an obstacle to a pre-action request for an injunction or attachment. HUAK Art. 18/A/16 provides that the time limits for filing the specified main action do not run in the period between the application to the office and the final record. This provision should not be broadened to mean that all enforcement and execution time limits are automatically suspended. The harm that unjustified interim protection may cause to the other side, and liability for compensation, should also be taken into account from the outset. [1, 4, 5]

How should litigation costs and attorney’s fees be assessed?

Prepare a staged budget instead of a single figure

A single figure given to the question “How much does it cost to file a lawsuit?” without seeing the file is often incomplete. The type and value of the action, the number of parties, notification, expert examination, on-site examination, translation, interim protection, legal remedies and the enforcement stage change the total cost. The payment to be made at the start and who will ultimately be held responsible for which expense at the end of the process are not the same question. [1, 9]

Table 4. Separate items of the litigation budget

An advance on costs and an evidence advance are not the same. Under HMK Art. 120, a deficiency in the advance on costs, and under Art. 324, failure to pay the advance relating to a specific piece of evidence, are tied to different consequences. The firm deadline set by the court and the content of the warning must be read carefully. It cannot be said of every payment deficiency in the same way that “the action lapses.” [1]

Distinguish the contractual fee from the opposing party’s attorney fee award

The fee agreement between attorney and client determines the scope of the service undertaken. Which of the stages of the action, mediation, appeal to the regional court of appeal, appeal to the Court of Cassation and enforcement are included in the fee should be stated clearly. Who will bear the expenses and how, and the record of payments made, should also be determined. Vague expressions such as “the whole file” may give rise to disputes later. [10]

The attorney fee awarded by the court as a litigation cost (vekâlet ücreti) is a separate item. It need not be the same as the fee the client agreed with the attorney, nor need it cover that fee in full. The provision of Article 164 of the Attorneys Act, that the attorney fee imposed on the opposing party belongs to the attorney, must also be taken into account. That a cost has been awarded does not mean it has actually been collected from the other side. [1, 10]

Assess the cost consequence of partial success in light of current case law

The general rule is that, apart from the exceptions in the law, litigation costs are imposed on the party against whom judgment is rendered. Where the parties are partly successful, apportionment may come into play. However, this rule cannot be applied in the same way in every type of action; the annulment decisions of the Constitutional Court (Anayasa Mahkemesi) and special provisions must also be taken into account. [1]

The Constitutional Court’s decision of December 25, 2024, E.2024/29, K.2024/226, annulled HMK Art. 326/2 with respect to actions for non-pecuniary damages. The relevant annulment provision of the decision, published on March 14, 2025, entered into force nine months later. The Court assessed the fact that the amount of non-pecuniary damages cannot be calculated definitively in advance and the effect of the cost burden on access to the courts. The dissenting opinion emphasized the burden that high claims may place on the defendant and the balance between the parties. [11]

This decision does not mean that all compensation actions are free of cost or that every claimed amount will be accepted. The consequences under HMK Art. 327 of causing unnecessary expenses cannot be ignored either. Claims must still be made concrete and supported. In addition, the Constitutional Court’s decision of November 30, 2023, E.2023/101, K.2023/207, contains a separate annulment of Art. 326/2 in actions for compensation for de facto expropriation; the same result was not reached with respect to Art. 326/1. These special decisions cannot be carried over without limit to the cost calculation of an ordinary commercial claim. [1, 12]

Assess legal aid at the outset

For a person who cannot meet the necessary expenses without seriously impairing their own and their family’s subsistence, legal aid may come into play, taking into account also the condition that the claim is not manifestly without basis. Documents showing income, assets and expenses should be prepared. Legal aid granted by the court and the bar association’s legal aid assignment for attorney services are separate processes. Applying to one does not mean that all the conditions of the other are automatically met. [1, 10]

A legal aid decision should not be described as meaning that no payment will arise under any condition either. Its scope, the conditions for its continuation and the position of the costs at the end of the proceedings are assessed according to the file. Informing a client who is experiencing financial hardship of this possibility is part of pre-filing information.

By what criteria should settlement and mediation options be compared?

Read the offer in terms of the collectible result

The value of a settlement offer does not consist only of the nominal amount offered. The payment date, the number of installments, security, the debtor’s ability to pay, interest, litigation costs and the scope within which the dispute will end should be examined together. In deciding between an amount that can be received with security today and a higher amount that may be collected on an uncertain date, the conditions of both must be made visible.

For example, consider a scenario set up for educational purposes only, in which the creditor is offered a payment secured within three months. That the offer is lower than the amount claimed in the action does not by itself require rejecting it. By contrast, an offer that is unsecured, long-term and of uncertain ability to pay may be weak even if the amount on paper is high. Inventing a success or collection percentage here, without real file data, does not strengthen the assessment.

Write down what comes after the agreement too

In the agreement, the identity of the debt and of the parties, the net amount to be paid, the due date, the payment account, the consequence of a missed installment, security, and the sharing of costs and fees should be clear. General expressions should not be signed without understanding the scope of the release or waiver. Waiving other claims without realizing it while resolving one claim should be prevented.

Confidentiality in mediation and the use of statements as evidence are subject to special rules. Not every concession or proposal made during negotiations can be regarded as an acknowledgment of debt that can later be submitted to the court. On the other hand, the fact that an independent document that could be used otherwise was presented in the discussions does not make it unusable for that reason alone. [4]

The enforceability of a mediation agreement is examined in terms of the type of dispute, the content of the document, the signatures and, where necessary, the enforceability annotation. Not every agreement document is enforced by the same procedure. The statutory limitation on bringing an action again on matters agreed upon should also be taken into account. The client should decide with an understanding of which right they are ending, and in return for what. [4]

What is the difference between winning the case and collecting the claim?

Assess entitlement, proof and collection separately

Being found right in the action and the money reaching the account are not the same stage. Even where a strong legal claim and sufficient evidence exist, the debtor may have no attachable assets. Existing assets may be burdened by earlier pledges or attachments. Assets belonging to third parties likewise cannot be treated as the debtor’s property merely because they are connected with the debtor. [5]

The collection review should be carried out with lawful records to which there is authorized access. The current state of the assets, earlier creditors, security, and processes such as bankruptcy or composition with creditors (konkordato) are addressed together. An old real estate record or an appearance of wealth on social media does not by itself show collectability. A moratorium in composition proceedings and bankruptcy may subject the possibilities of enforcement to special rules. [5]

Three separate assessments are useful: Is the claim legally sound; can we prove it with sufficient evidence; and, once the judgment is obtained, will an enforceable and economically meaningful result follow? Strength in one should not hide weakness in another. This approach serves not to discourage seeking one’s rights but to build the method of seeking them realistically.

Finality is not awaited for every judgment

For a judgment to be put into enforcement, finality is not required in every case. In civil proceedings, an appeal to the regional court of appeal or to the Court of Cassation does not, as a rule, automatically stay enforcement of the decision. The law of persons, family law, decisions concerning real rights in immovable property and special statutory exceptions are assessed separately. The operative part of the decision, the type of claim and, if any, the process of suspending enforcement should be examined. [1, 5]

For this reason, neither “you have won in court, and now you must wait for all legal remedies to be exhausted” nor “we can enforce every decision immediately” is a correct explanation that can be given without examining the file. Enforcement proceedings based on a judgment are addressed together with the enforceability of the decision and the effects of the later result of the legal remedy.

Calculate interest, time and collection costs together

The type, rate, starting point and changing periods of the interest claimed, and the effect of partial payments, should be calculated clearly. It cannot be said that interest necessarily compensates for all the economic losses arising from the prolongation of the proceedings. Separate rules may apply to foreign-currency debts, commercial relationships and special types of compensation. [2, 3, 7]

If the security loses value while the action is pending, the debtor’s financial situation changes or a new settlement offer emerges, the assessment needs to be updated. It is not necessary to continue unchanged to the end the route that was sensible at the start. A change should be made by explaining its reasons and financial effect to the client.

What information and documents should be provided to the attorney in full?

Prepare an organized file for the first meeting

The first meeting should be attended with a short summary of events, a chronology, the contract and its annexes, payment records, delivery and notification documents, complete correspondence, official notifications and earlier applications. The identity of witnesses and the events they know directly may be written down separately. For company files, authority of representation and signature documents; for files involving inheritance or transfer, records showing to whom the right has passed, may also be needed.

The originals of documents should be separated from working copies; files should be given names that describe their date and subject. In a contract that exists in more than one version, it should be stated clearly which copy was signed. Missing pages, notes added later or illegible signatures should not be concealed. If original documents are handed over, a record of the handover should be kept.

To assess the basis of a contract dispute in more detail, the rights and obligations under obligations and contract law can be examined together. Nevertheless, the outcome of every file depends on its own facts and evidence.

Are the power of attorney and special authorities sufficient?

If acts are to be carried out through an attorney, the party, scope and suitability of the power of attorney for the work to be done should be checked at the outset. In a power of attorney issued on behalf of a company, the authority of representation of the person having the document drawn up is also examined. Submission of the power of attorney to the file and special situations are assessed within the framework of HMK Art. 76–77. It should not be assumed that a deficiency can always be cured later without problems. [1]

Under HMK Art. 74, acts such as settling, waiving the action or legal remedies, releasing the opposing party and acknowledging the claim require express special authority. These do not produce the same consequences as an ordinary delivery of documents; they can affect the person’s claim or the outcome of the dispute. Granting special authority and accepting the terms of a particular agreement are separate matters. The meaning of the authorities should be explained to the client; the scope of the act to be performed, the payment conditions and the effect on rights should be discussed concretely and recorded. [1, 2]

How should documents be delivered to the attorney securely?

Sharing the documents relating to the file in full does not mean uploading them to a link accessible to everyone. The attorney’s duty of professional secrecy also covers matters learned during the meeting. The method of delivering documents should support this confidentiality. The e-mail address, telephone number or file-sharing channel to be used should be confirmed through previously verified contact details. [10]

For documents relating to health, identity, banking and family life, limit access to the authorized persons handling the file. Check the access settings of the sharing link; where necessary, use encrypted transfer and send the document password through a separate, verified channel. Do not share the password of your e-Devlet, bank or personal e-mail account as a way of sending documents. Authorized representation and official document-procurement routes should be used.

It is useful for the delivery list to include the file name, version or date, whether it is an original or a copy, the sender, the recipient and the time of delivery. Ask for confirmation of receipt; point out separately any documents containing urgent notifications and time limits. If the information of unrelated third parties needs to be restricted in the sharing copy, assess this with the attorney; do not alter the original document and do not weed out records against you that are related to the dispute. If a document is found to have been sent to the wrong person, inform the attorney without delay; let the restriction of access and other necessary steps be assessed together.

Ask for a written work plan and regular updates

The client’s understanding of the file is a condition of making informed decisions. At the outset, the claim, the important risks, the options, the anticipated costs, the next step and the documents expected from the parties should be discussed clearly. The attorney’s duty of care and loyalty and the duty to inform and account within the representation relationship form the legal basis of this communication. [2, 10]

It is useful to set a method of communication: how will important developments be reported, through which secure channel will documents be sent, and to whom will an urgent notification be delivered? It may not be possible to know the definitive outcome; on the other hand, it is possible to explain the last act performed and the next step. “No decision has been issued yet” and “nothing has been done in the file” are not the same; the difference should be explained with records.

Document what you do, do what you document, then record again what you have done. In litigation preparation, this working discipline enables both the client to follow the process and the attorney to track responsibilities. Answering the client’s question with a concrete act, date and document, instead of belittling the client’s concern, builds trust. The client, for their part, must also report a new notification, a payment offer and a discussion with the other side without delay.

How should the pre-filing checklist be used?

The table below is a working tool to be filled in anew for each file. The distribution in the “Responsible” column is an example; it should be clarified according to the service undertaken. The “Latest time to act” column does not replace the statutory time limit. The actual last day is calculated separately from the underlying document and the relevant rule and entered in the file.

Table 5. Pre-filing checklist and division of tasks

At the end of the review, there are not only two possibilities, “an action is filed” or “it is not filed.” The file may be ready to be filed immediately; missing documents may first be completed; urgent protection may be requested; a different route of application may be chosen; or a settlement offer on defined conditions may be considered. The reason for each choice and the expected next act should be put in writing.

Particularly where a time limit is about to expire, the wish to prepare a comprehensive file cannot be a reason for delaying a necessary application. In such a case, the minimum act that protects the right, and the preparation that can be continued at the same time, are determined first. Good preparation is not standing still until every document is perfect; it is putting priorities in the right order.

Conclusion

The decision to file a lawsuit should be one in which legal entitlement, the possibility of proof, time limits, cost and collectability are examined together. When any one of these is lacking, a file that looks strong may not produce the expected result. By contrast, an organized map of events and evidence, the right party and route of application, an up-to-date calculation of the claim and a staged budget make visible which risk is being assumed.

Offering the client only hope or only fear is not a right starting point. Understandable information, clear options and a reasoned assessment are needed. The attorney’s work must also provide this clarity: reviewing the documents, calculating the time limit, considering the counter-defense, recording the acts performed and getting back to the client.

The freedom to seek justice is not limited to files whose outcome is guaranteed in advance. An informed decision to sue does not eliminate every risk either. The real aim is for the person to know which right they are seeking by which means, what they may encounter on the way, and how the judgment they obtain will find a counterpart in their life.

Frequently Asked Questions

What should I do first before filing a lawsuit?

Write down the outcome you want in one sentence; prepare the chronological order of the events and the document for each important event. Immediately identify the nearest time limit and any evidence that may be lost. Then the route of application, the parties, the preliminary conditions and the budget are assessed together. Merely finding a sample petition does not take the place of this preparation.

What documents are needed to file a lawsuit?

It varies according to the dispute. Generally, the contract and its annexes, payment and delivery records, complete correspondence, formal notices and notifications, loss documents and records of earlier applications are examined. What matters is not the number of documents but which fact each document proves. Missing records and records against you should also be disclosed to the attorney.

Can WhatsApp messages and screenshots be evidence?

Electronic records can be treated as documents; however, attribution, integrity, context and the method of obtaining them matter. A single screenshot does not provide sufficient proof in every dispute. Preserve the original records and present the uncut conversation. Evidence obtained unlawfully presents a separate problem.

Does sending a formal notice (ihtarname) protect the time limit for suing?

An ordinary formal notice from the creditor does not by itself interrupt the statute of limitations. The notice may have other effects in terms of default or notification. Which act is needed to protect the time limit must be determined separately; the time-limit calculation should not be postponed because discussions with the other side are continuing.

Is it necessary to go to a mediator before every lawsuit?

No. The obligation relates to the disputes and claims determined in the relevant law. Some claims under the same general heading may fall within an exception. The condition precedent to litigation is checked by examining the parties, the type of dispute and the claim together.

What rules apply in 2026 in place of the action for an unspecified claim?

For actions filed after July 31, 2026, it cannot be assumed that the old system will be applied on the basis of the repealed HMK Art. 107. For claims suited to a partial action, the one-time increase of the claim and the statute-of-limitations provision in HMK Art. 109/4 are considered. A transitional provision exists for actions filed earlier. The nature and calculability of the claim must still be examined.

If I have evidence preserved, do I also need to file a separate action?

In most cases, an appropriate application on the merits is also needed for the right you claim to be adjudged. Preservation of evidence aims at protecting the evidence; by itself it does not award payment. The time limits relating to the main claim must be followed separately.

Is it mandatory to hire an attorney to file a lawsuit?

In civil actions, a person with capacity to sue may, as a rule, conduct their own action. This does not mean every procedural act is simple. Errors in the choice of claim, time limits, evidence and legal remedies can have serious consequences. Representation and special statutory provisions are checked separately in the specific case.

If I win the case, will I get back all my costs?

It cannot be said that every expense will be fully and immediately covered. Which expense counts as a litigation cost, the special rules, the result of acceptance and dismissal, and the applicable tariff matter. The fee you agreed with your own attorney and the attorney fee awarded are separate. In addition, the cost that has been awarded must be collected.

What can I do if I have no money to file a lawsuit?

You can assess whether the conditions for legal aid are met. Documents showing income, assets and necessary expenses should be prepared. Legal aid requested from the court and the bar association’s legal aid for attorney services are different processes; their scope and conditions are examined separately.

Can enforcement proceedings be started before a court decision becomes final?

Some judgments can be put into enforcement before they become final; resorting to a legal remedy does not in every case stay enforcement automatically. There are types of decisions that require finality and special exceptions. The subject of the decision, its operative part and the possibility of a suspension of enforcement should be examined together.

Is it pointless to sue if the debtor has no assets?

It is not automatically considered pointless; however, the collection risk must be assessed openly. Existing and future legal possibilities, the need to protect the time limit, security, costs and settlement options are compared. In a file where collectability is weak, this must not be concealed from the client.

References

[1] Law No. 6100, Code of Civil Procedure (HMK). In particular Arts. 24–33, 71–77, 105–109, 114–120, 132–135, 189–200, 303, 307–315, 323–334, 350, 367, 389–405. Legislation Information System, current text.

[2] Law No. 6098, Turkish Code of Obligations. In particular Arts. 49–55, 112–126, 139–157, 506 and 508. Legislation Information System, current text.

[3] Law No. 7589 on Amendments to Certain Laws. Adopted: July 16, 2026; Official Gazette (Resmî Gazete): July 31, 2026, issue no. 33326. In particular Arts. 18–20, provisional Art. 1/9–10 and Art. 26. Grand National Assembly (TBMM) law record · Text of the adopted law.

[4] Law No. 6325 on Mediation in Civil Disputes. In particular Arts. 5, 16, 18, 18/A and 18/B. Ministry of Justice UYAP Legislation · Mediation Department, frequently asked questions.

[5] Law No. 2004 on Enforcement and Bankruptcy. Provisions on enforcement based on a judgment and enforcement without a judgment; in particular Arts. 32, 36, 42 et seq., 257–264 and the provisions on composition with creditors. Ministry of Justice UYAP Legislation.

[6] Law No. 7036 on Labor Courts. In particular Art. 3. Legislation Information System.

[7] Law No. 6102, Turkish Commercial Code. In particular Arts. 4, 5/A and the related provisions on commercial matters. Ministry of Justice UYAP Legislation.

[8] Law No. 6502 on Consumer Protection. In particular Arts. 68 and 73/A. Legislation Information System.

[9] Law No. 492 on Fees. Provisions on judicial fees and Schedule No. (1); the current amounts on the date of the act are used. Legislation Information System.

[10] Law No. 1136 on Attorneys. In particular Arts. 34, 36, 164 and, on legal aid, Art. 176 et seq. Legislation Information System.

[11] Constitutional Court, December 25, 2024, E.2024/29, K.2024/226. Official Gazette: March 14, 2025, issue no. 32841. Annulment of HMK Art. 326/2 with respect to actions for non-pecuniary damages. Constitutional Court decision record · Decision text, Çalışma ve Toplum.

[12] Constitutional Court, November 30, 2023, E.2023/101, K.2023/207. Official Gazette: January 18, 2024, issue no. 32433. Litigation costs in actions for compensation for de facto expropriation. Constitutional Court decision record · Decision text, LEXPERA.