Commercial Debt Collection and Enforcement Procedures in Turkey

Commercial disputes often arise from unpaid invoices, breach of contract, or unfulfilled service agreements. In Turkey, the legal system provides several mechanisms for debt collection, ranging from amicable settlement to forceful asset seizure.

1. Amicable Settlement and Mediation

Before escalating to court, it is often faster and cheaper to attempt a settlement. Under the Turkish Commercial Code (TTK), Mediation is mandatory for commercial lawsuits involving monetary claims. Before filing a lawsuit, you must apply to a mediator.

• Process: A neutral mediator facilitates negotiation between parties.
• Duration: Concludes within 6-8 weeks max.
• Enforceability: If an agreement is reached, the mediation document has the force of a court verdict (ilam).

2. Enforcement Proceedings without Judgment (İlamsız İcra)

If mediation fails or if you prefer a direct approach for clear debts (invoices), you can initiate Enforcement Proceedings without Judgment at the Enforcement Office (İcra Dairesi).

1. Payment Order: The office sends a generic payment order to the debtor.
2. Objection: The debtor has 7 days to object. If they object (“I don’t owe this money”), the proceeding stops.
3. Cancellation Lawsuit: If the debtor objects unjustly, you must file a lawsuit (İtirazın İptali Davası) in the Commercial Court. If you win, the debtor pays the debt + 20% bad faith compensation.

3. Commercial Litigation (Dava)

If the debt is disputed or complex, a lawsuit in the Commercial Court of First Instance is necessary.

• Evidence: Invoices, delivery notes, emails, and commercial books are crucial evidence.
• Commercial Books: Turkish law places high importance on properly kept commercial ledgers. If your books confirm the debt and the opposing side’s books are missing or irregular, you win.

4. Seizure of Assets

Once you obtain a final judgment or if the enforcement proceeding is finalized, the Enforcement Office initiates the seizure (haciz) of assets:

• Bank accounts (E-haciz)
• Real estate
• Vehicles
• Movable goods at the workplace

Conclusion

Debt collection in Turkey is a structured process. For foreign companies, having a local attorney is vital to navigate the language barrier, strict notification rules, and mandatory mediation requirements.

Yaskir Law Office provides full-service debt collection solutions for international clients operating in Turkey.

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Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.