This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Ticari Alacak Nasıl Tahsil Edilir? Fatura, Çek ve Takip.
The route to take is decided by the document you hold: enforcement special to negotiable instruments for cheques, promissory notes and bills; ordinary enforcement or proceedings for invoices and contracts. In commercial cases mediation is a condition of bringing proceedings (Article 5/A of the Commercial Code), and a claim brought without it is dismissed on procedural grounds without the merits being reached.
The goods were delivered, the service performed, the invoice issued — and no payment came. For traders and companies it is one of the most wearing situations there is.
Choosing the right route can cut months off collection. This article compares them by reference to the document you hold.
Which Document Do You Hold?
- A cheque, promissory note or bill of exchange — a negotiable instrument. The fastest route.
- A judgment or a document with the force of one — a notarial instrument, a mediation settlement document. Enforcement on a judgment.
- An invoice, delivery note, contract or current account statement — an ordinary document. Ordinary enforcement, or proceedings.
- Only an oral agreement — the weakest position; evidence has to be created first.
One rule gives invoices particular force. Under Article 21 of the Commercial Code, a person who receives an invoice and does not object to its content within eight days is treated as having accepted it.
That makes the invoice strong evidence — but it must be proved that it was properly served. So send invoices by a method that leaves a record of delivery.
Is Mediation Required?
For claims for the payment of a sum of money and for compensation, mediation is a condition of proceedings in commercial cases.
You cannot go straight to court: you must apply to a mediator first, or the claim is dismissed on procedural grounds.
But there is a critical distinction: mediation is not required to start enforcement. You can begin enforcement directly. The requirement applies only to proceedings.
Hence the usual strategy: start enforcement first, and if the debtor objects, go to mediation before bringing a claim to set the objection aside.
Which Enforcement Route?
Enforcement special to negotiable instruments — for cheques, notes and bills. The fastest, because the debtor's objection does not of itself stay the proceedings: the objection goes to the enforcement court, which must order a stay. The period to object is five days.
Ordinary enforcement — for ordinary documents such as invoices and contracts. The period to object is seven days, and the objection does stay the enforcement. The creditor must then bring a claim to set the objection aside, or apply to the enforcement court to have it removed.
Enforcement on a judgment — where there is a judgment or a document with the force of one. The debt cannot be disputed; only a stay of execution on limited grounds can be sought.
Having the objection removed in the enforcement court is far quicker where you hold a document within Article 68 of the Enforcement and Bankruptcy Act — an ordinary instrument whose signature is admitted, or an official document; the court decides on the papers within a short time.
| Document | Route | Period to object |
|---|---|---|
| Cheque, promissory note, bill | Enforcement special to negotiable instruments | 5 days (enforcement court) |
| Invoice, contract, current account statement | Ordinary enforcement | 7 days (enforcement office) |
| Judgment, endorsed mediation settlement | Enforcement on a judgment | No objection; only a stay of execution |
| Instrument executed before a notary | Close to enforcement on a judgment | Limited |
| Mortgage or pledge | Enforcement by realisation of the security | 7 days |
Default interest in commercial matters can be higher than in ordinary ones; where the contract fixes a rate, the contractual rate applies.
Interest in Commercial Matters
Default interest works differently in commercial matters.
Where the parties have not fixed a rate, the advance interest rate applied to commercial matters is used, and it is higher than the statutory rate.
Article 1530 of the Commercial Code makes special provision for late payment in the supply of goods and services: where the contract does not provide for it, or the relevant terms are invalid, the creditor becomes entitled to default interest without any notice, at the rate announced by the Central Bank.
The type of interest and the date it runs from must be stated expressly in the claim. If they are not, the statutory rate is awarded — and the loss is real.
Limitation on Commercial Debts
- as a general rule, ten years (Code of Obligations, Art. 146)
- five years for certain debts arising from sale, lease, agency and similar relationships (Art. 147)
- for a cheque, three years from the end of the presentation period
- for a promissory note, three years from maturity
Limitation is interrupted by enforcement or by proceedings, and starts again afterwards. Acknowledgement of the debt or a payment by the debtor also interrupts it.
Once the three years on a cheque have run, enforcement on the instrument is no longer possible — but a claim based on the underlying relationship may still be.
In commercial debts mediation is a condition of proceedings, not of enforcement. In most files the fastest route is therefore to start enforcement first. And send invoices by a method that leaves a record of delivery: under Article 21 an invoice not objected to within eight days is treated as accepted.
Frequently Asked Questions
Do I have to go to mediation first?
For proceedings, yes — it is a condition, and a claim without it is dismissed. For starting enforcement, no.
What makes an invoice good evidence?
Article 21: a recipient who does not object within eight days is treated as having accepted its content. But you must be able to prove it was properly served.
Why is enforcement on a cheque faster?
Because the debtor's objection does not of itself stay the proceedings; the objection goes to the enforcement court, which must order a stay. The period is five days rather than seven.
What interest can I claim?
Where no rate was agreed, the advance rate applied to commercial matters, which is higher than the statutory rate; in the supply of goods and services, the Central Bank rate under Article 1530 without notice. State the type and start date expressly.
How long do I have?
Ten years as a general rule, five for certain relationships, and three years on a cheque or promissory note. After that the instrument route closes, though a claim on the underlying relationship may remain.