Recovering a debt in Türkiye: enforcement proceedings for foreign creditors

Starting without a judgment

Türkiye's Enforcement and Bankruptcy Law (No. 2004) allows a creditor to start collection without first going to court. This is called enforcement without a judgment (ilamsız icra). The creditor files a request at the enforcement office, which sends a payment order to the debtor.

The debtor has seven days to object. If there is no objection, the debt becomes final for collection purposes and the creditor can ask for attachments on bank accounts, receivables, vehicles and real estate.

If the debtor objects

An objection stops the proceedings. The creditor then has two options. If the claim is based on a document of the type listed in the law, such as a signed acknowledgment of debt, the creditor can ask the enforcement court to set aside the objection in a fast procedure. Otherwise, a lawsuit to annul the objection is filed within one year. If the creditor wins and the claim was for a determinable amount, the court can also order the debtor to pay compensation of at least 20 percent of the amount for the unjustified objection.

Commercial disputes: mediation first

For most commercial money claims, mandatory mediation must be tried before a lawsuit is filed. This does not prevent starting enforcement proceedings, but it does affect the lawsuit that may follow an objection.

Specific points for foreign creditors

A foreign claimant who files a lawsuit may be asked to provide security for costs, unless a treaty or reciprocity exempts them. A power of attorney given abroad must be notarised and apostilled, or made at a Turkish consulate, and translated. Documents in foreign languages need certified translations.

If you already hold a foreign judgment, it must first be enforced by a Turkish court before it can be executed in Türkiye, and that requires reciprocity with the country that issued it.

Before you start

Check whether the debtor actually has assets in Türkiye. Enforcement proceedings cost money in fees and advances, and a judgment against an empty company recovers nothing. A short asset check before filing often saves both time and money.