This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Alacak Davası: Borcunuzu Tahsil Etmek İçin Ne Yapmalısınız?.
There are two routes to recovering a debt: enforcement proceedings and a court action. Enforcement is faster and cheaper, but if the debtor objects within seven days the proceedings stop and an action becomes necessary. Where you hold a strong document, start with enforcement; where the document is weak and the dispute goes to the merits, filing directly is the better course.
Debt disputes are among the heaviest categories on the Turkish court lists, largely because commercial relationships are inadequately documented and payments are made informally. Simple precautions reduce the risk substantially.
The Options
1. Enforcement proceedings. Where you hold a promissory note, cheque or invoice, or the claim rests on a judgment, you can apply directly to the enforcement office without going to court. A payment order is served; if no objection is made, attachment follows. It is fast and inexpensive.
2. A court action. Where you have no document, or the claim is disputed, an action is needed. A claim reduced to judgment is then enforced as a judgment debt, which the debtor cannot stop by objection. The process is longer but the result is stronger.
3. Mediation. For claims arising from a commercial relationship, mediation is compulsory before filing. For personal claims it is not compulsory but is worth considering — it is faster, cheaper and preserves the relationship.
4. Settlement discussions. Contacting the debtor directly or through a lawyer to agree a payment plan is the most efficient course in both time and cost. Record those discussions in writing.
Enforcement Compared with an Action
- Enforcement — speed. For documented claims it is the fastest route; attachment can begin within days of service of the payment order.
- Enforcement — the risk of objection. If the debtor objects within seven days the proceedings stop, and an annulment of the objection action becomes necessary — so the matter ends up in court anyway.
- An action — certainty. A claim won by judgment is enforced as a judgment debt, which the debtor cannot resist by objection.
- An action — time. Proceedings can take one to three years, during which interest accrues and the claim grows.
- The choice. Documented claim and an unwilling debtor: enforcement. No document, or a disputed amount: an action.
| Enforcement | Court action | |
|---|---|---|
| Initial cost | Low | Court fee and expense advance |
| Speed | High, if no objection | Low |
| Document required | Can start without one | Must be proved by evidence |
| Objection | Stops it within seven days | — |
| After an objection | Annulment or removal of the objection | — |
| Res judicata | No | Yes |
| Precautionary attachment | Available | Available |
| Mediation for commercial claims | Not required | Compulsory |
Where the claim is commercial, mediation must be attempted before filing; there is no such condition for enforcement proceedings.
Bringing the Action
Mediation (compulsory for commercial claims). An application to a mediator must precede an action on a commercial claim. If no agreement is reached, the final record is obtained and the action filed.
Check the limitation period. The general rule is ten years; five years applies to commercial claims, service claims and rent claims among others. Filing after expiry loses the claim.
The petition and the evidence. State the basis of the claim, the amount and the interest claimed. Attach every item of evidence — contract, invoices, bank records, correspondence. Evidence not filed at the outset may not be admitted later.
Expert calculation. Where the amount is disputed the court may appoint an expert. Objecting to the expert's calculation costs further fees, which is another reason to file the evidence in full at the start.
Interest. Claim statutory interest from the date of default. Commercial relationships attract commercial interest; personal claims, statutory interest. Interest not claimed expressly in the petition is lost.
The Evidence That Decides It
- The contract. Signed and dated, it is the strongest evidence.
- Invoices and delivery notes. Proof of delivery of goods or services; a signed delivery record is far stronger.
- Bank records. The most reliable proof that payment was or was not made. Record even partial payments.
- E-mails and correspondence. Where they acknowledge the debt or promise payment, they are evidence. Screenshots gain weight with a notarial record.
- Messages. Courts accept them, but a notarial record removes arguments about authenticity.
- Witnesses. Keep the names and contact details of anyone who can speak directly to the existence of the debt.
"The creditor may also require compensation for the loss caused by the debtor's delay."
TBK art. 117
Precautionary Attachment
If you suspect the debtor is moving assets, you can obtain a precautionary attachment order before filing or starting enforcement. It attaches the debtor's movable and immovable property for a period and prevents transfers.
- The claim must be liquid — ascertained and certain.
- There must be a serious, evidenced concern that the claim is at risk.
- The court usually requires security.
- Once the order is made, proceedings or an action must be started within the statutory period.
In commercial dealings make every payment through a bank and keep the record. "It was done on trust" is not evidence. Turning an oral agreement into a short confirming e-mail can make the whole difference later.
Reducing the Risk in Advance
- Put every business relationship in a written contract.
- Check new customers and partners before starting — trade registry records and credit history can be searched.
- On large transactions, match payment to delivery, in advance or in instalments.
- Follow up payments regularly and send a reminder as soon as one is late.
- On long-term claims, consider taking a notarised promissory note.
Frequently Asked Questions
Enforcement or an action?
Enforcement where you hold a strong document and the debtor simply will not pay; an action where there is no document or the amount is disputed.
How long does the debtor have to object?
Seven days from service of the payment order. A timely objection stops the proceedings.
Is mediation compulsory?
For claims arising from a commercial relationship, yes, before filing. There is no such condition for enforcement proceedings.
What is the limitation period?
Ten years as the general rule; five years for commercial, service and rent claims among others.
Can I stop the debtor moving assets?
Yes, by a precautionary attachment order — available where the claim is liquid and there is evidenced concern that it is at risk.