Collection of Receivables in Türkiye by Foreigners: Enforcement Proceedings and Court Actions

Foreign individuals and foreign companies may claim their money receivables from debtors in Türkiye through the enforcement proceedings and court actions provided under Turkish law. The appropriate route is determined by the basis of the receivable, its due date, the debtor’s place of residence, any choice of jurisdiction and governing law in the contract, any existing court judgment, and whether the debtor has attachable assets in Türkiye. For foreign creditors, the provisions on security and reciprocity are also examined.

The fact that a person who has an unpaid invoice, a loan that has not been repaid, a rent receivable or a contractual refund claim in Türkiye is a foreign national does not, in itself, close off the routes of collection. However, establishing a receivable in law and actually collecting it are different stages. Obtaining a court judgment does not replace an assessment of the debtor’s ability to pay and of the debtor’s assets.

This guide also addresses the receivables in Türkiye of Turkish citizens living abroad, in addition to those of foreign creditors. Enforcement proceedings and the lawsuit are conducted before the competent Turkish authorities; the fact that the creditor lives in another country is assessed separately in terms of representation, preparation of documents, notification and security. The basic legislation is Law No. 2004 on Enforcement and Bankruptcy (İİK), Law No. 5718 on Private International and Procedural Law (MÖHUK) and Law No. 6100, the Code of Civil Procedure (HMK).

Which Receivables Can Foreigners Collect in Türkiye?

Receivables of foreign individuals and foreign companies

Sales and service fees, commercial invoices, money lent, rent, contractual compensation and refund receivables, and debts based on a check or promissory note may be claimed through the appropriate legal route. Which route will be used is not determined solely by the creditor’s citizenship. The nature of the receivable, the means of proof, whether it has fallen due and any special procedural provisions are assessed together.

For a foreign company to pursue the collection of a receivable in Türkiye, establishing a Turkish company solely for that purpose is not a general precondition. However, documents are required that show the company’s legal existence, its representative and the authority of the person granting the power of attorney. It is particularly important that the company name in the contract matches the identities of the creditor and the debtor shown in the enforcement proceedings.

The position of Turkish citizens living abroad

A Turkish citizen living abroad is not regarded as a foreign creditor merely because the person lives in another country. By contrast, security under HMK Art. 84 may come into question when a Turkish citizen who has no habitual residence in Türkiye commences an action or enforcement proceedings. This assessment is separate from the security regulated for foreigners in Law No. 5718, Art. 48. The exceptions in HMK Art. 85 and any applicable international conventions are also examined.

For example, HMK Art. 85 provides that security cannot be required in situations such as the existence in Türkiye of immovable property of adequate quality or of a receivable secured by a real security, and enforcement proceedings on a judgment (ilamlı takip) being conducted for a receivable based on a judgment. These exceptions should not be carried over as they are to the position of foreigners under Law No. 5718 without an assessment. Dual citizenship and the nationality of a company are also determined under their own rules.

What Is Examined Before Starting to Collect a Receivable?

The correct debtor, the basis of the receivable and the payment date

The initial review determines the debtor’s full identity or trade name, address, the reason for the debt, the currency, the due date, partial payments and security. A receivable owed by a company cannot be pursued as the personal debt of a shareholder or manager of the company without a statutory or contractual basis.

The contract, invoice, delivery record, bank receipt (dekont), account reconciliation and correspondence should be assessed together. A bank receipt may show a money transfer; it does not by itself prove in every case that the money was lent or must be repaid. The fact that an invoice has been issued likewise does not automatically show, in every dispute, that the goods were delivered or that the debt was acknowledged.

Competent authority and applicable law

The international jurisdiction of Turkish courts is, as a rule, determined by the rules on territorial jurisdiction in domestic law (Law No. 5718, Art. 40). The debtor’s place of residence, the place of performance of the contract, a valid jurisdiction agreement and rules specific to the dispute are important. The jurisdiction of the enforcement office (icra dairesi) is also assessed under Enforcement and Bankruptcy Law Art. 50.

Not every action on a receivable is filed before a commercial court. Depending on the transaction, the civil court of first instance, the commercial court of first instance, the consumer court, the labor court or the civil court of peace may have subject-matter jurisdiction. The jurisdiction of the consumer arbitration committee (tüketici hakem heyeti) is also checked separately. Where the contract contains a choice of a foreign court or an arbitration clause, filing an action in Türkiye without examining Law No. 5718, Art. 47 and the relevant arbitration provisions is not correct.

That enforcement proceedings are conducted in Türkiye does not necessarily mean that Turkish law will apply to the substance of the contract. Under Law No. 5718, Art. 24 and the relevant special provisions, the choice of law and the connections of the contract are investigated. The protective rules of consumer and employment contracts are also taken into account separately.

Formal notice and payment negotiations

A formal notice (ihtarname) can clarify the debt, the payment demand and the date of default. Where Turkish law applies, a formal notice may be required for default under Turkish Code of Obligations (TBK) Art. 117; there are exceptions, such as the expiry of a fixed due date. A notarial formal notice is not mandatory before every enforcement proceeding. Pre-notification requirements in the contract and special provisions are reserved.

In payment negotiations, the instalments, interest, security, costs and the course to be followed in case of delay should be stated clearly. Conducting negotiations does not, by itself, suspend the statute of limitations or all procedural time limits.

Which Enforcement Proceeding or Court Route Should Be Chosen?

This table is a starting assessment. The existence of more than one document for the same debt does not give a right to collect twice. For explanations of the general enforcement system, our article on placing a receivable in Türkiye into enforcement may also be consulted.

How Is Enforcement Without a Judgment Conducted Through the General Attachment Route?

Proceeding without a court judgment

For receivables for money or security, if the statutory conditions exist, enforcement without a judgment may be initiated without first obtaining a court judgment. The enforcement request states the details of the parties, the reason for and the amount of the receivable, the start of interest and the chosen enforcement route. If the receivable is based on a document, the documents are submitted to the file (Enforcement and Bankruptcy Law Art. 58).

For receivables secured by a pledge, the rule of resorting to the pledge first and its exceptions are taken into account. In addition, the delivery in kind of a certain quantity of gold or of another item is not the same as a direct money receivable. Delivery in kind, a claim for value and the necessary court proceedings must be kept separate from one another.

Payment order, seven-day period and objection

In the general attachment route, a payment order is notified to the debtor. As a rule, within seven days of notification, the debtor may pay the debt and the costs or object at the enforcement office. An objection to the signature must be notified separately and expressly. A timely objection stops the enforcement with respect to the part objected to (Enforcement and Bankruptcy Law Arts. 60, 62 and 66).

If no objection is made, the stage of attachment may be reached, taking into account the payment period and other conditions. The expiry of the seven-day period does not mean that the money will be collected within seven days. Allegations of irregular notification, a late objection and other remedies specific to the concrete file are assessed separately.

Action for annulment of the objection and removal of the objection

The action for annulment of the objection may be filed before the court with subject-matter jurisdiction within one year of the notification of the objection to the creditor (Enforcement and Bankruptcy Law Art. 67). Depending on the nature of the receivable, mediation as a condition precedent to litigation may be required. Failing to file within the one-year period is assessed separately from the possibility of filing a general action on the receivable within the statute of limitations under substantive law.

A request for removal of the objection, on the other hand, depends on the existence of a document of the kind specified in Enforcement and Bankruptcy Law Art. 68 et seq., and as a rule is directed to the enforcement court (icra mahkemesi) within six months of notification of the objection. This route is not a general action on a receivable that can be used on the basis of every invoice or every piece of correspondence.

Enforcement denial compensation (icra inkâr tazminatı) is likewise not an automatic result. In an action for annulment of the objection, conditions such as the claim, the unjustified objection and the determinability of the receivable are assessed; if the conditions are met, the statutory lower limit is twenty percent. There is also the possibility of compensation against the creditor in the case of an unjust and bad-faith enforcement proceeding.

With Which Documents Is Enforcement on a Judgment Conducted?

Judgments and documents having the effect of a judgment

Judgments of Turkish courts concerning money receivables are the basic foundation of enforcement on a judgment. Enforcement and Bankruptcy Law Art. 38 also regulates settlements and admissions made before the court, notarial deeds in the form of an execution by the notary (düzenleme) that contain an acknowledgment of a money debt, sureties given for appeal and for cassation, and sureties given at the enforcement office. Not every notarized contract has the effect of a judgment.

Decisions of the consumer arbitration committee that meet the conditions in special laws, conciliation minutes drawn up under Law No. 1136 on Attorneyship Art. 35/A, and duly certified agricultural credit cooperative documents under Law No. 1581 on Agricultural Credit Cooperatives and Unions Art. 12 are also assessed within the framework of the relevant provisions.

In mediation agreements, it is not sufficient that the document was merely prepared by the mediator. The enforceability annotation, the arrangement of signatures and the type of dispute are important. In documents meeting the conditions in Law No. 6325 on Mediation in Civil Disputes Art. 18/4, an annotation may not be required; it is also borne in mind separately that an annotation is mandatory in agreements within Art. 18/B.

Finality and postponement of enforcement

As a rule, finality is not awaited for the enforcement of judgments concerning money receivables. However, there are exceptions, such as judgments concerning the law of persons and family law and real rights in an immovable (HMK Arts. 350 and 367). Enforcement and Bankruptcy Law Art. 31/a on ships, Art. 72 on restitution following a negative declaratory action, and the provisions of Law No. 5718 on the enforcement of foreign judgments are also taken into account separately. It is not correct to subject a judgment in an action for recovery of payment (istirdat), or all the monetary consequences of a judgment, to the same finality rule without examining its basis. The enforcement of judgments of the Court of Accounts (Sayıştay) is also subject to its own special regulation.

In enforcement on a judgment for a money receivable, an enforcement order (icra emri) is sent to the debtor; this differs from the payment order in enforcement without a judgment. Enforcement and Bankruptcy Law Art. 32 regulates a seven-day payment period. A simple objection by the debtor to the debt at the enforcement office does not stop the enforcement. The allegations of discharge of the debt (itfa), of extension of time granted by the creditor (imhal) and of the statute of limitations under Enforcement and Bankruptcy Law Art. 33, and the complaint routes, have their own time limits and conditions; not all of them are without a time limit.

An application for appeal (istinaf) or for appeal to the Court of Cassation (temyiz) likewise does not by itself stop the enforcement. Within the framework of the conditions of Enforcement and Bankruptcy Law Art. 36, by fulfilling the necessary security and procedural steps, a postponement of enforcement may be requested from the enforcement court of the place where the enforcement is conducted. The enforcement of a judgment that does not need to be final is not postponed automatically merely because review by a legal remedy is pending.

How Are Receivables Based on Checks, Promissory Notes and Bills of Exchange Collected?

Conditions of the negotiable instrument and presentation of the original

Enforcement proceedings specific to negotiable instruments may be used for a check, promissory note and bill of exchange if the statutory elements of the instrument and the creditor’s right to pursue exist. Writing “note” in the heading of any debt instrument does not open this route. The due date, presentment, the chain of endorsements, whether protest is required and the special statutes of limitations are examined according to the document.

Under Enforcement and Bankruptcy Law Art. 167, the rule is the submission of the original of the negotiable instrument and of as many certified copies as there are debtors. For checks, there are statutory exceptions, such as the bank-certified photocopy of the front and back, given upon the bank’s partial payment, in Law No. 5941 on Checks Art. 3/6. This exception does not mean that an ordinary check photocopy is sufficient in every case.

In the published text of the decision of the 12th Civil Chamber of the Court of Cassation (Yargıtay) dated June 6, 2013, E.2013/11654, K.2013/21313, this exception was also assessed with respect to a check where the bank paid the amount for which it was liable and retained the original. The decision does not eliminate the general rule of submitting the original; it shows that the conditions of the special situation must be checked.

Five-day objection and ten-day payment period

In enforcement proceedings on negotiable instruments, as a rule a five-day period applies for an objection to the debt and to the signature and for a complaint concerning the instrument’s character as a negotiable instrument; the application is made to the enforcement court. The payment period, however, is ten days (Enforcement and Bankruptcy Law Art. 168). The periods are calculated on the basis of the notification of the payment order.

An objection to the debt or to the signature does not automatically stop the entire enforcement as in the general attachment route; for actions other than sale, Enforcement and Bankruptcy Law Arts. 169–170 and a stay decision of the court are assessed. Even if the same receivable is secured by a pledge, it is possible to use the negotiable instruments route within the framework of the exception in Enforcement and Bankruptcy Law Arts. 45 and 167.

What Are the Special Rules for Rent Receivables and Receivables Secured by a Pledge?

Requesting eviction together with a rent debt

When a foreign owner, or an owner living abroad, claims rent from a tenant in Türkiye, the enforcement of the receivable and the conditions for eviction are examined separately. If eviction is also requested under Enforcement and Bankruptcy Law Art. 269 et seq., this request must appear in the enforcement request, and the payment order must contain the necessary formal notice.

Under TBK Art. 315, the period to be given for payment is at least ten days; for leases of residences and roofed commercial premises it is at least thirty days. For a lease of produce (ürün kirası), at least sixty days are required under TBK Art. 362. Under the current TBK regime, the general period for objecting to a rent payment order is seven days. The three-day provision that refers to the former Code of Obligations should not be applied to current contracts merely because the lease period is shorter than six months; the reference and transitional provisions of Law No. 6101 are taken into account.

If the debtor does not object and does not pay the rent debt within the given payment period, within six months following the end of the payment period eviction may be requested from the enforcement court (Enforcement and Bankruptcy Law Art. 269/a). Payment of the debt within the period may prevent eviction on the basis of this default; the enforcement costs and other outstanding items are also checked separately.

In a lease of a residence or roofed commercial premises, the mere expiry of the lease term does not give the landlord an automatic right to eviction. Where a valid written eviction undertaking was given after the leased property was handed over, however, the one-month application period running from the date of the undertaking is important (TBK Arts. 347 and 352). In the eviction order under Enforcement and Bankruptcy Law Art. 272, the fifteen-day eviction and seven-day objection periods are additionally taken into account where applicable.

Realization of a movable pledge and of a mortgage

For receivables secured by a pledge, the rule is that the pledge is realized first; statutory exceptions are reserved. If the value of the pledge does not cover the debt, collection of the remaining receivable is assessed under the relevant conditions (Enforcement and Bankruptcy Law Art. 45).

In the realization of a movable pledge through proceedings without a judgment, the payment period is fifteen days and the objection period seven days. If only the pledge right is objected to, the creditor may, under the conditions of Enforcement and Bankruptcy Law Art. 147, request that enforcement continue through the attachment route. In the realization of a mortgage without a judgment, however, the payment period is thirty days and the objection period seven days; the mortgage right itself cannot be disputed by objecting to the payment order (Enforcement and Bankruptcy Law Arts. 149/b–150).

There are different provisions under which an enforcement order is sent, as in cases where the mortgage contract table (akit tablosu) contains an unconditional acknowledgment of a money debt. The same enforcement and objection method is therefore not applied to every mortgage file.

Is Mediation Mandatory Before an Action on a Receivable?

Mediation is not mandatory before every enforcement proceeding. If an action must be filed, mediation as a condition precedent to litigation is checked according to the nature of the dispute. In particular:

• Of commercial cases, actions concerning receivables, compensation, annulment of the objection, negative declaratory actions and recovery of payment whose subject is a sum of money fall within Turkish Commercial Code (TTK) Art. 5/A.
• Matters such as an employee’s or employer’s receivable and compensation are assessed within the framework of Law No. 7036 on Labor Courts Art. 3.
• In disputes before the consumer court, Law No. 6502 on Consumer Protection Art. 73/A applies; there are exceptions, such as the jurisdiction of the consumer arbitration committee.
• In disputes arising from a lease relationship, Law No. 6325 Art. 18/B applies; the provisions on eviction through enforcement without a judgment under the Enforcement and Bankruptcy Law are an exception.

The amount, the payment schedule, the interest, the security and the enforceability conditions of a mediation agreement must be clear. With respect to statutes of limitations, time limits for bringing an action (hak düşürücü süreler) and the acts that complete a precautionary attachment, the effect of mediation is calculated according to the relevant provision; it is not assumed that all time limits are suspended in the same way.

Is Security Required from Foreign Creditors?

Law No. 5718, Art. 48 provides for security covering litigation and enforcement costs and the opposing party’s damages, for foreign natural persons and legal entities that file an action before a Turkish court, join an action or conduct enforcement proceedings. If there is reciprocity, an exemption from security applies. The explanations of the Ministry of Justice (Adalet Bakanlığı) state that reciprocity may exist by treaty, by statute or through de facto practice.

The exemption is not determined merely by a person’s stating that they are a “foreign investor.” Citizenship or the nationality of the company, the country concerned, the scope of the contract, any residence requirement and reservations are investigated. The 1954 Hague Convention on Civil Procedure and bilateral judicial assistance agreements may be important in this review. It should not be assumed that natural persons and companies fall within the same scope under every agreement.

It cannot be said that there is a fixed percentage of security applied to all foreigners. In addition, security required of foreigners and security for precautionary attachment have different legal bases. Being exempt from one does not automatically provide an exemption from the other.

Can the Debtor’s Assets Be Protected Through Precautionary Attachment?

Precautionary attachment is provisional legal protection aimed at securing the later collection of a money receivable. Under Enforcement and Bankruptcy Law Art. 257, it may, as a rule, be requested for a money receivable that is due and not secured by a pledge. For receivables that are not yet due, special conditions stated in the statute are required. The receivable and the grounds for attachment must be shown in a manner that convinces the court.

The debtor’s mere failure to pay does not mean that a precautionary attachment decision will be granted on every request. Under Enforcement and Bankruptcy Law Art. 259, the security and the liability for unjustified attachment are assessed; the security regimes for requests based on a judgment and on a document having the effect of a judgment are also different.

Enforcement must be requested within ten days of the decision being issued (Enforcement and Bankruptcy Law Art. 261). In an attachment applied before an action or enforcement proceeding, a seven-day supplementary period for enforcement or action applies from the application of the attachment or, if it was applied in the creditor’s absence, from the notification of the record to the creditor. Where an objection is made to the enforcement proceeding, the special continuation periods of Enforcement and Bankruptcy Law Art. 264 also apply. The fact that the general period for annulment of the objection is one year does not mean that these special periods may be disregarded in order to preserve the precautionary attachment.

How Are Foreign Court Judgments and Arbitral Awards Enforced in Türkiye?

Enforcement of a foreign court judgment

A judgment for a money receivable obtained from a foreign court cannot be placed directly into enforcement like a Turkish judgment merely by having it translated or apostilled. Under Law No. 5718, Art. 50 et seq., enforcement of the foreign judgment (tenfiz) is required. The basic subjects of examination include the judgment becoming final under the law of the country in which it was rendered, and the preparation of the certified judgment, the finality certificate and the translations.

In the enforcement of a foreign judgment, the statutory conditions concerning reciprocity, the exclusive jurisdiction of Turkish courts, public policy and the right of defense are assessed. The effect of an objection concerning the jurisdiction of a foreign court that has no genuine connection, and concerning problems of proper summons or representation, is also examined under Law No. 5718, Art. 54. Subject-matter and territorial jurisdiction are determined on the basis of Law No. 5718, Art. 51 and the provisions relating to the dispute.

Recognition matters for the res judicata or conclusive-evidence effect of the foreign judgment; recognition alone is not sufficient for the compulsory collection of a money receivable. The enforcement decision becoming enforceable and the effect of legal remedies are also taken into account separately. Law No. 5718, Art. 57 provides that an appeal to the Court of Cassation stays enforcement.

Foreign arbitral awards

For foreign arbitral awards, the applicable international conventions, in particular the 1958 New York Convention, and Law No. 5718, Arts. 60–63 are assessed. The conditions for the enforcement of an arbitral award and of a foreign court judgment are not entirely the same. The arbitration agreement, the binding nature of the award, the proper information of the parties and the other grounds for refusal should be examined separately.

Which Documents Should Be Prepared for the Creditor?

• For an individual, identity and citizenship details; for a company, current registry or incorporation records and documents showing authority of representation.
• Contracts, orders, invoices, records showing delivery or performance of the service, and account reconciliations.
• Bank receipts, a list of partial payments, acknowledgments of debt, e-mails and other lawful correspondence.
• The debtor’s correct name, known addresses and asset information obtained lawfully.
• A power of attorney; special authorities for settlement, mediation or other matters, according to the nature of the transaction.
• If any, the originals of checks, promissory notes and bills of exchange; pledge or mortgage documents; a court judgment or arbitral award and the necessary finality records.

Power of attorney, apostille and translation

An attorney in Türkiye can conduct the enforcement proceedings and the lawsuit before Turkish authorities with an appropriate power of attorney. As a rule, the creditor does not need to come to Türkiye for every procedure; procedures that require personal attendance are determined separately in the concrete file. The form of a power of attorney executed at a consulate or before a competent authority in a foreign country should be checked beforehand according to the procedure for which it will be used. A consular procedure by itself does not mean that a Turkish enforcement proceeding has been commenced.

For foreign official documents, HMK Art. 224, the applicable exemptions from certification and the apostille rules are taken into account. The same chain of certification is not required for every document. An apostille serves to verify the signature, status and seal on the document; it does not confirm the merits of the receivable or the contents of the contract. Translation and, where necessary, notarial approval are assessed separately. For preparation, our information on preparing a power of attorney may be used.

How Are Foreign-Currency Receivables, Interest and the Statute of Limitations Assessed?

Claiming a receivable in euros or dollars

A receivable in foreign currency may be the subject of collection. However, the enforcement request must clearly show the Turkish lira equivalent, the exchange-rate date claimed, and the type and start of the interest (Enforcement and Bankruptcy Law Art. 58). Where Turkish law applies, the clause for payment in the same currency under TBK Art. 99 and the creditor’s optional rights are assessed together. The choice of the exchange rate at maturity or at actual payment and the calculation of the value on which court fees are based should not be confused with each other.

Law No. 3095 on Statutory Interest and Default Interest Art. 4/a, within the conditions of its application, takes as a basis, for foreign-currency debts for which a higher interest rate is not agreed in the contract, the highest interest rate applied by state banks to one-year deposits in the relevant foreign currency. Turkish lira interest should not be applied directly to a foreign-currency debt without checking the currency and the period. The law governing the contract and mandatory limits are also taken into account separately.

Statute of limitations and preserving time limits

In Turkish law the general statute of limitations is ten years under TBK Art. 146; there are five years for periodic performances such as rent, and special periods for other receivables. The periods relating to checks, promissory notes and bills of exchange are calculated separately. It is therefore not correct to give a single period for all receivables.

Under Law No. 5718, Art. 8, the statute of limitations is governed by the law applicable to the substance of the relationship. In files where Turkish law applies, grounds for interruption such as an acknowledgment of debt, an action or an enforcement proceeding under TBK Art. 154 are assessed. The examination of the statute of limitations should not be postponed in reliance merely on sending a formal notice.

How Are Attachment, Collection Time and Costs Planned?

Attachable assets and collectability

Once the conditions are met, action may be taken against bank accounts, receivables held by third persons, vehicles, immovables and other attachable rights. Asset investigation and attachment requests are conducted through the competent authorities. Prior attachments, mortgages, third-party ownership claims (istihkak) and the costs of sale may affect the amount actually obtained.

For salaries and wages, no single rule such as “one-quarter is attached in every case” can be laid down. Enforcement and Bankruptcy Law Art. 83, Labor Law No. 4857 Art. 35 and the relevant special provisions contain different limits. For income and pensions within Law No. 5510 on Social Insurance and General Health Insurance Art. 93, the special prohibition on attachment, the statutory exceptions and the debtor’s consent are assessed.

A debtor company’s entry into composition with creditors (konkordato) or bankruptcy may change the course of existing and new enforcement proceedings. In an allegation of diverting assets, too, the conditions and time limits of court routes different from attachment are examined. Besides the size of the receivable, the debtor’s legally reachable assets are also part of the enforcement strategy.

Time, costs and transfer of the money collected

Notification, objection, expert examination, legal remedies, attachment and sale determine the duration of a file. A fixed collection date or a guarantee of result cannot be given. An enforcement proceeding without objection and a disputed file requiring enforcement of a foreign judgment are not planned on the same timetable.

Court fees, notification, translation, notary, expert, sale and attorney’s fees are separate items. A file-specific budget should be prepared according to the current tariff, the amount of the receivable and the route chosen. It is not assumed that all the expenses paid at the outset will in every case be collected from the debtor. In transferring the amount collected to the creditor, the scope of the power of attorney, the account details, the deductions and the bank document requests are checked.

Güneş & Güneş Law Firm’s Approach to Collecting Receivables

Güneş & Güneş Law Firm provides legal assessment and representation to foreign individuals and companies and to Turkish citizens living abroad in their receivable disputes in Türkiye, within the scope of the legal practice it has carried out since 1999. With communication available in Turkish, English, German and Russian, document review, determination of the enforcement route, security, mediation, litigation, enforcement of foreign judgments and enforcement stages are handled according to the needs of the file.

At the start of the work, the basis of the debt, the evidence, the time limits and collectability are assessed; the costs and the legal options are explained. For information on the scope of services, our page on enforcement and bankruptcy law services and our contact page may be used. Documents should be shared to the extent necessary for assessing the dispute and through an appropriate communication channel.

For the details of the subject, you may see our article on judgments that can be placed into enforcement before becoming final.

For the details of the subject, you may see our articles on recognition and enforcement in Türkiye of a divorce abroad, collection of a maintenance receivable from abroad and recognition and enforcement of foreign court judgments.

Conclusion

In the collection of receivables by foreigners in Türkiye, the first step is to determine which enforcement or litigation route the document at hand opens. The correct debtor, subject-matter and territorial jurisdiction, proof of the receivable, exemption from security, objection periods, mediation and attachable assets should be addressed together. Where there is a foreign court judgment, its enforcement in Türkiye; where there is a check or promissory note, the special enforcement conditions gain additional importance.

That the creditor lives abroad does not by itself change the country in which the proceedings are conducted. Enforcement and litigation steps in Türkiye are pursued before Turkish authorities, through an authorized attorney where necessary. This article is of a general informational nature; before a concrete step, the documents and the current legal situation must be assessed specifically for the file.

Frequently Asked Questions

Can a foreign national carry out enforcement proceedings in Türkiye?

Yes. Foreign individuals can use the enforcement routes provided under Turkish law. The nature of the receivable, jurisdiction, representation and the security or exemption under Law No. 5718, Art. 48 are additionally examined.

Does a foreign company need to establish a company in Türkiye?

Establishing a new company in Türkiye merely to pursue its receivable is not a general requirement. Valid documents showing the company’s existence and authority of representation and, if required, a duly prepared power of attorney are prepared.

Is a Turkish citizen living abroad regarded as a foreign creditor?

Not merely because of living abroad. However, if the person has no habitual residence in Türkiye, the security under HMK Art. 84 and the exceptions in Art. 85 are assessed separately.

Can a receivable file be pursued without coming to Türkiye?

It can be pursued before Turkish authorities by an attorney in Türkiye with an appropriate power of attorney. Whether there is a procedure that the creditor must attend in person is determined according to the specific file; it cannot be guaranteed that the person will never need to come in any case.

Is a court judgment necessarily required for enforcement proceedings?

No. For money receivables meeting the conditions, enforcement without a judgment can be carried out through the general attachment route. If the debtor objects in time, removal of the objection or an action on the receivable may come onto the agenda.

If the debtor objects, is the receivable lost?

An objection does not automatically extinguish the receivable. Depending on the type of enforcement proceeding and the documents, annulment of the objection, removal of the objection or another appropriate court route is assessed. The time limits of these routes differ.

Are the payment and objection periods the same in all enforcement proceedings?

No. In the general attachment route there is, as a rule, a seven-day payment and objection period. In enforcement on negotiable instruments, the payment period is ten days and the relevant objections and complaints are five days. Rent, pledge and enforcement on a judgment have their own rules.

Can enforcement proceedings be conducted with a photocopy of a check?

The rule is the submission of the original of the check. The bank-certified photocopy of the front and back given upon partial payment under Law No. 5941 on Checks Art. 3/6 is a special exception. Not every photocopy falls within this scope.

Must all foreign creditors deposit security?

Law No. 5718, Art. 48 contains a security rule; an exemption applies on the basis of reciprocity. A definite answer should not be given without examining the relevant agreement, the country’s practice and the scope of the person or company.

Can a judgment obtained in Germany or in another country be enforced directly?

For compulsory enforcement in Türkiye of a judgment for a money receivable obtained from a foreign court, an enforcement decision (tenfiz) from a Turkish court is, as a rule, required. An apostille and a translation do not by themselves replace it.

Can a receivable in euros or dollars be claimed?

Yes. The currency, the exchange-rate date, the Turkish lira equivalent and the interest claim must be properly framed. The law applicable to the contract and the options in TBK Art. 99 are assessed together.

Must mediation always be attempted before filing an action?

No. The requirement is determined according to the type of dispute. The scope and exceptions are checked for commercial, consumer, employment and rent disputes. Initiating an enforcement proceeding and filing an action are not the same procedure.

Does precautionary attachment ensure that the receivable is paid immediately?

Precautionary attachment provides provisional protection; it does not by itself mean final collection. For the enforcement and continuation of the decision, the periods in Enforcement and Bankruptcy Law Arts. 261 and 264 and the other conditions must be fulfilled.

If the debtor has no assets, is winning the case enough?

Even if a court judgment determines the receivable legally, actual collection depends on attachable assets and other conditions. Collectability and costs should therefore be assessed together at the start of the file.

Sources and legal bases

Legislation and source check date: October 13, 2026. The legislation links below lead to the consolidated texts in the Legislation Information System. Entry into force, transitional provisions and relevant special regulations should be checked again on the date of application.

• Law No. 2004 on Enforcement and Bankruptcy: Arts. 31/a–38, 45, 50, 58–72, 82–83, 146–150/a, 167–170, 257–264 and 269–272.
• Law No. 5718 on Private International and Procedural Law: Arts. 4, 8, 24, 40, 47–48 and 50–63.
• Law No. 6100, Code of Civil Procedure: Arts. 6, 10, 17, 74, 84–89, 224, 350 and 367.
• Law No. 6098, Turkish Code of Obligations: Arts. 99, 117, 146–147, 154, 315, 347, 352 and 362. Law No. 6101 on the Implementation of the Turkish Code of Obligations: in particular Arts. 1 and 8.
• Law No. 6325 on Mediation in Civil Disputes: Arts. 18, 18/A and 18/B. Law No. 6102, Turkish Commercial Code: Art. 5/A and the provisions on negotiable instruments.
• Law No. 6502 on Consumer Protection: Arts. 68–70 and 73/A. Law No. 7036 on Labor Courts: Art. 3.
• Law No. 5941 on Checks: Art. 3/6. Law No. 3095 on Statutory Interest and Default Interest: Art. 4/a.
• Law No. 1136 on Attorneyship: Art. 35/A. Law No. 1581 on Agricultural Credit Cooperatives and Unions: Art. 12.
• Labor Law No. 4857: Art. 35. Law No. 5510 on Social Insurance and General Health Insurance: Art. 93.
• Ministry of Justice: Obligation of foreigners to deposit security. HCCH: 1954 Convention on Civil Procedure, in particular Art. 17.
• HCCH: Apostille Convention information section. Ministry of Foreign Affairs (Dışişleri Bakanlığı): Consular notarial procedures.
• UNCITRAL: 1958 New York Convention.
• Court of Cassation, 12th Civil Chamber, June 6, 2013, E.2013/11654, K.2013/21313. Decision text published on Hukuki Haber. The decision concerns the special situation in which the original of the check was retained by the bank.