This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Dava Masrafları: Harç, Gider Avansı ve Kim Öder?.
Filing an action involves three separate payments: the court fee, the expense advance and, where applicable, the evidence advance. To those is added the attorney's fee, which itself splits in two — what you agree with your own lawyer, and what the court orders the losing side to pay. As a rule, the costs fall on the party who loses (HMK art. 326). Those without means may apply for legal aid.
"What will it cost to sue?" has no single answer, because the figure varies with the type of action and the amount claimed. But knowing the heads lets you make a reasonable estimate for your own case. HMK means the Code of Civil Procedure No. 6100.
Court Fees
The fee is paid to the State under the Fees Act No. 492, and there are two kinds.
A fixed fee is a set amount, applied to actions whose subject is not money — divorce, custody, change of name, declaratory actions.
An ad valorem fee is a proportion of the amount claimed, applied to debt, damages and employment claims. As a rule a quarter of it is paid on filing, and the balance at judgment.
There are also smaller items in every case: the application fee, the fee for a copy of the power of attorney and similar.
The figures are revalued annually; the current amount can be obtained from the courthouse cash office or the case management system.
Expense Advance and Evidence Advance
The expense advance pre-funds the costs of running the case: service of process, postage on court letters, file costs. The amount is set by the court on the number of parties and the expected volume of service.
It is a condition of the action. If it is not paid the court allows a period; if it is still not paid within the final period given, the claim is dismissed on procedural grounds — losing the case without the merits ever being examined.
The evidence advance is separate: expert fees, the cost of a site inspection, witness expenses. It is paid by the party seeking the evidence. If it is not paid, that evidence may be treated as abandoned — which is how cases are lost after an expert examination was requested but never funded.
Attorney's Fees
Two different fees are frequently confused.
The contractual fee is what you agree with your own lawyer. The Minimum Attorney's Fee Tariff published annually by the Union of Turkish Bar Associations sets the floor below which it cannot go.
The fee awarded in the judgment is what the court orders, payable by the losing party to the winning party. It is set by the tariff and need not equal what you paid your own lawyer.
Where a claim succeeds in part, the fee is apportioned: an award in your favour on the part allowed, and against you on the part refused. That is why claiming an inflated figure "for the time being" carries a risk.
Who Bears the Costs
The rule is that the costs fall on the party who loses (HMK art. 326). If you win, the fees and expenses you advanced are ordered to be recovered from the other side.
Where the claim succeeds in part, the costs are apportioned. If your claim succeeds as to sixty per cent, roughly that proportion of the costs falls on the other side and the rest on you.
One important exception: where the defendant did not give cause for the action and accepted the claim at the first opportunity, the costs may fall on the claimant. Sending a warning notice before filing is therefore not merely courteous; it is how the costs risk is managed.
| Item | When paid | Who pays |
|---|---|---|
| Application fee | On filing | Claimant; ultimately charged to the losing party |
| Advance / ad valorem judgment fee | On filing, by reference to the amount claimed | Claimant; ultimately charged to the losing party |
| Expense advance | On filing | Claimant — service, court letters and file costs |
| Evidence advance | When the evidence is requested | The requesting party — experts, inspection, witnesses |
| Attorney's fee in the judgment | On judgment | The losing party |
| Contractual attorney's fee | Per the retainer | Each party's own client |
Where a claim succeeds in part, costs are shared in the proportion allowed and refused; they fall wholly on one side only where that side loses entirely.
If You Cannot Pay
If you cannot meet the costs, you may apply for legal aid (HMK arts. 334 ff.). If granted, you are provisionally exempt from fees and expenses, and where the conditions are met a lawyer may be appointed at no cost.
The application can be made with the petition or during the proceedings, supported by documents showing your means: income records, land and vehicle searches, a certificate of indigence.
Legal aid does not cancel the debt entirely; if you win, the deferred fees may be collected. But it removes the largest obstacle to bringing a case at all.
There is a further route: those without means may request a lawyer from the legal aid office of their local bar association.
The expense advance is a condition of the action: if it is not paid within the final period given, the claim is dismissed without the merits being examined. The evidence advance is separate — without it, the expert examination or site inspection you asked for will not happen.
Frequently Asked Questions
What does it cost to bring an action?
The court fee (fixed or ad valorem), the expense advance, the evidence advance and the attorney's fee. Because the ad valorem fee varies with the amount claimed, there is no fixed figure.
Is the whole ad valorem fee paid up front?
No. As a rule a quarter is paid on filing and the balance at judgment.
Will I recover my costs if I win?
As a rule yes; the costs fall on the losing party. Where the claim succeeds in part, they are apportioned.
What is the difference between the two advances?
The expense advance covers service and file costs and is a condition of the action. The evidence advance covers experts, inspections and witnesses, and is paid by the party seeking that evidence.
I cannot afford it. What can I do?
Apply for legal aid (HMK art. 334), and ask your local bar association's legal aid office to appoint a lawyer.