How to Pursue Debt Collection in Türkiye from Abroad

1. By what means can a foreign creditor, or a creditor residing abroad, collect a monetary claim in Türkiye?

A creditor can assert a monetary claim in Türkiye either through enforcement proceedings at the enforcement office or by filing an action in court. In enforcement by way of general attachment, there are three main routes:

• Enforcement without a judgment (İİK Art. 58 et seq.) is used for monetary claims that are not based on a court judgment.

• Enforcement specific to negotiable instruments (İİK Art. 167 et seq.) is used for claims based on a check, a bill of exchange or a promissory note payable to order (bono).

• Enforcement with a judgment (İİK Art. 32 et seq.) is used for claims based on a judgment of a Turkish court or on a foreign judgment for which a declaration of enforceability (tenfiz) has been issued.

As a rule, proceedings are initiated at the enforcement office at the debtor’s place of residence; the enforcement offices at the place where the contract on which the proceedings are based was concluded and at the place of performance are also competent (İİK Art. 50/1; HMK Art. 6/1, 10/1). Unless otherwise agreed, the place of performance of a monetary debt is the creditor’s place of residence (TBK Art. 89/1); if the creditor lives abroad, this is mostly outside Türkiye.

In this text, İİK, HMK, MÖHUK, TTK, HUAK and TBK stand, respectively, for the Enforcement and Bankruptcy Law, the Code of Civil Procedure, the Law on Private International Law and Procedure, the Turkish Commercial Code, the Law on Mediation in Civil Disputes and the Turkish Code of Obligations; the abbreviation “K.” stands for the word “Kanunu” (Law).

2. What information and documents does an enforcement request require?

The enforcement request may be made in writing, orally or electronically; if the enforcement director decides that the request contains the required elements, a payment order is issued (İİK Art. 58/1, 60/1). The request states the information listed in İİK Art. 58/2 (the parties, place of residence, the amount of the claim and its interest, the ground of the debt, the chosen enforcement route). If the creditor resides in a foreign country, the creditor states a place of residence in Türkiye; if the creditor cannot do so, the place where the enforcement office is located is deemed to be the place of residence. If the claim is in foreign currency, the date of the exchange rate at which it is claimed is also stated.

If the claim is based on a document, the original of the document, or copies certified by the creditor or the creditor’s representative numbering one more than the number of debtors, must be submitted to the enforcement office at the time of the enforcement request (İİK Art. 58).

3. How is a power of attorney given from abroad, is an apostille required, and what powers should the power of attorney contain?

A power of attorney is drawn up abroad at a Turkish consulate or before a notary of the country where the person is located. Abroad, notarial functions are performed by consuls, and this duty is carried out at the consulate building (Noterlik K. Art. 191, 192).

A power of attorney drawn up before a foreign notary, if the country is a party to the 1961 Hague Apostille Convention, is used with an apostille affixed to the document by the competent authority of that country (HMK Art. 224/2; Hague Apostille Convention Art. 3-5); giving a power of attorney at a Turkish consulate (Noterlik K. Art. 191) is a separate route. If the document is not in Turkish, its translation is submitted (HMK Art. 223).

Express authorization of the attorney is required for acts such as settlement, waiver of the action or of legal remedies, acceptance of the claim, release of the opposing party, substitution of another person, lifting of an attachment, concluding an arbitration agreement and resorting to alternative dispute resolution methods (and also, for example, amendment of claim (ıslah), oath, recusal of a judge and filing for bankruptcy) (HMK Art. 74/1).

You can send your questions about preparing a power of attorney to Çebi Hukuk & Danışmanlık through the Contact page.

4. Within how many days can the debtor object to the payment order?

In enforcement without a judgment, the debtor may object to the enforcement office within seven days of service of the payment order (İİK Art. 62/1). An objection made within the time limit stops the proceedings; if the objection concerns only part of the debt, the proceedings continue for the amount accepted (İİK Art. 66/1). The objection is served on the creditor by notice within three days (İİK Art. 62/2); the creditor’s subsequent time limits begin to run from this service. Where the proceedings are conducted through an attorney, service is made on the attorney (Tebligat K. Art. 11/1).

In proceedings specific to negotiable instruments, the debt is paid within ten days, and complaints and objections are submitted to the enforcement court within five days (İİK Art. 168); an objection to the debt does not stop enforcement actions other than the sale (İİK Art. 169).

5. What happens if the debtor objects: an action to set aside the objection, or removal of the objection?

Within one year of the objection being served on the creditor, the creditor may file an action to set aside the objection in court (İİK Art. 67/1). In this action the existence of the claim is proved under the general provisions. If the debtor’s objection is found to be unjustified, the debtor, at the request of the other party, is ordered to pay appropriate compensation of not less than twenty percent of the amount awarded (compensation for denial of the debt, icra inkâr tazminatı). If the creditor is found to have acted unjustly and in bad faith in the proceedings, the creditor, at the request of the other party, is ordered to pay appropriate compensation of not less than twenty percent of the amount rejected. A creditor who lets the time limit pass retains the right to sue for the claim under the general provisions (İİK Art. 67).

If the proceedings are based on an instrument containing an acknowledgment of debt whose signature has been admitted or notarized, or on a receipt or document issued by official offices or competent authorities within their powers and in due form, the creditor may, within six months, ask the enforcement court for removal of the objection (İİK Art. 68, 68/a). If removal is not requested within this period, enforcement proceedings without a judgment cannot be started again. If the underlying document is a private instrument and the debtor denied the signature when objecting, the creditor may, within six months, ask for provisional removal of the objection. If the request is granted on substantive grounds, the debtor, and if it is rejected on the same grounds, the creditor (Art. 68); if the request for provisional removal is granted, the debtor, and if it is rejected, the creditor as well (Art. 68/a), is ordered to pay compensation of not less than twenty percent, at the request of the other party.

6. Is it mandatory to apply to a mediator before an action to set aside the objection?

If the dispute is a commercial case, yes: under TTK Art. 5/A/1, in commercial cases whose subject is a sum of money (actions on claims, for compensation, to set aside an objection, for a negative declaration and for restitution), having applied to a mediator before the action is filed is a condition of admissibility of the action. An action filed without applying to a mediator is dismissed on procedural grounds because this condition is lacking (HUAK Art. 18/A/2).

TTK Art. 5/A covers only commercial cases; other special provisions in the relevant laws are reserved (HUAK Art. 18/A/19). HUAK Art. 1/2 also covers disputes with a foreign element; HUAK Art. 18/A contains no separate exception for foreign parties. Where there is an arbitration agreement, or where special laws require recourse to arbitration or another alternative dispute resolution method, the provisions on mediation as a condition of the action do not apply (HUAK Art. 18/A/18).

From the date of the application until the date the final minutes are drawn up, the limitation period is suspended and the peremptory period does not run (HUAK Art. 18/A/15). A party who, without a valid excuse, does not attend the first meeting is held liable, even if that party wins the case, for half of the litigation costs that the opposing party is obliged to pay, and only half of the attorney’s fee, determined under the Attorneys’ Minimum Fee Schedule, that would be awarded in its favor is awarded (HUAK Art. 18/A/11).

7. Must a foreign creditor provide security in enforcement proceedings, and who pays the costs of the proceedings and of the action?

A foreign creditor is obliged to provide security in enforcement proceedings to cover litigation and enforcement expenses and the opposing party’s losses and damages (MÖHUK Art. 48/1); where reciprocity exists, the creditor is exempt from security (Art. 48/2).

According to the 12th Civil Chamber of the Court of Cassation (Yargıtay), security is a precondition for conducting the proceedings and is taken into account ex officio. The enforcement office determines the amount of the security; the amount determined, or an exemption, may be brought before the enforcement court by way of complaint, but the enforcement court cannot take the place of the enforcement director and determine the amount (Docket No. 2024/1957, Decision No. 2024/7393, 18.09.2024; to the same effect, Docket No. 2025/975, Decision No. 2025/2718, 26.03.2025). Exemption depends on the existence of an agreement based on reciprocity, or of de facto reciprocity, between the country of the creditor’s nationality and Türkiye, and this must be investigated (Docket No. 2015/345, Decision No. 2015/10684, 21.04.2015).

Enforcement costs, as a rule, are borne by the debtor and are paid in advance by the creditor (İİK Art. 59). Litigation costs are collected from the party against whom the judgment is rendered; if the parties are partly successful, the costs are divided in proportion to their success (HMK Art. 326).

8. What is precautionary attachment, and under what conditions can it be placed on the debtor’s assets before the enforcement proceedings become final?

A precautionary attachment order is issued by the court; the creditor of a monetary debt that is due and not secured by a pledge may have the debtor’s assets, receivables and other rights attached as a precaution (İİK Art. 257/1, 258). For a debt that is not yet due, a precautionary attachment may be requested only if the debtor has no fixed place of residence, or if the debtor, in order to evade obligations, is preparing to conceal or remove assets or to flee, or flees, or, for this purpose, engages in fraudulent transactions that violate the creditor’s rights (İİK Art. 257/2). The text of the law does not list the creditor’s being a foreigner as a separate ground.

1. The creditor must present the court with evidence sufficient to persuade it as to the claim and, where necessary, the grounds for attachment (İİK Art. 258).

2. If the creditor turns out to be wrong in the attachment, the creditor is liable for the losses of the debtor and of third parties and must provide security; if the claim is based on a judgment, no security is required (İİK Art. 259).

3. The creditor must, within ten days of the date of the order, request its enforcement from the enforcement office within the jurisdiction of the court that issued the order; otherwise the order lapses automatically (İİK Art. 261/1).

4. A creditor who obtained a precautionary attachment before starting proceedings or filing an action must, within seven days of the execution of the attachment (or, if the attachment was carried out in the debtor’s absence, of service of the attachment record on the creditor), file an enforcement request or bring an action (İİK Art. 264/1). In a claim for which mediation is a condition of the action, the period in Art. 264/1 does not run from the application to the mediation office until the date the final minutes are drawn up (HUAK Art. 18/A/16). This provision does not mention the seven-day period in Art. 264/2.

5. If the debtor objects to the payment order, the creditor must, within seven days of service of the objection, request removal of the objection or bring an action; if the enforcement court rejects the request, the creditor must bring an action within seven days of the pronouncement or service of the decision (İİK Art. 264/2).

If these time limits are missed, the precautionary attachment becomes void (İİK Art. 264). These seven-day periods are separate from the one-year period granted for setting aside the objection and the six-month period granted for its removal.

9. How is a foreign court judgment or arbitral award declared enforceable (tenfiz) and enforced in Türkiye?

For judgments of foreign courts in civil matters that have become final under the law of that state to be enforced in Türkiye, a declaration of enforceability (tenfiz) by the court of first instance is required (MÖHUK Art. 50/1, 51/1). The conditions for tenfiz (MÖHUK Art. 54/1):

• The existence of an agreement based on reciprocity between Türkiye and the state in which the judgment was rendered, or of a statutory provision or de facto practice in that state making it possible to enforce judgments rendered by Turkish courts.

• The judgment must have been rendered on a matter that does not fall within the exclusive jurisdiction of the Turkish courts; if the defendant objects, it must not have been rendered by a court that assumed jurisdiction although it had no genuine connection with the subject matter of the dispute or the parties.

• The judgment must not be manifestly contrary to public order.

• The person against whom enforcement is sought must have been duly summoned to, or represented before, the court that rendered the judgment under the law of that place; if the person was not summoned or not represented, or if the judgment was rendered in the person’s absence in violation of the law, the person must not have objected before the Turkish court on these grounds.

After tenfiz, the judgment is enforced like judgments rendered by Turkish courts (MÖHUK Art. 57/1). The declaration of enforceability may be challenged by appeal (istinaf) and appeal on points of law (temyiz) under the general provisions; filing the appeal suspends enforcement (MÖHUK Art. 57/2).

Foreign arbitral awards that have become final and enforceable, or that are binding on the parties, may also be declared enforceable (MÖHUK Art. 60/1). The rules are set out in MÖHUK Art. 60-62 and in the 1958 New York Convention. Since Türkiye has made the reciprocity and commerciality declarations, the Convention applies to awards rendered in the territory of another contracting state on disputes arising from legal relationships considered commercial (Convention Art. I/1, I/3). The absence or invalidity of the arbitration agreement, the award’s being contrary to morality or public order, and the award’s not having become final, not having become binding, or having been annulled in the place where it was rendered are among the cases in which the court refuses tenfiz (MÖHUK Art. 62/1). An arbitral award declared enforceable is enforced under the provisions on enforcement with a judgment, like a judgment of a Turkish court (MÖHUK Art. 57/1, 61/2; İİK Art. 32 et seq.).

Frequently asked questions

Can a creditor residing abroad start enforcement proceedings against a debtor in Türkiye?

Yes. A creditor can assert a monetary claim in Türkiye either through enforcement proceedings at the enforcement office or by filing an action in court. A creditor residing abroad states a place of residence in Türkiye in the enforcement request; if the creditor cannot do so, the place where the enforcement office is located is deemed to be the place of residence. As a rule, proceedings are initiated at the enforcement office at the debtor’s place of residence; the enforcement offices at the place where the contract on which the proceedings are based was concluded and at the place of performance are also competent (İİK Art. 50/1, 58/2; HMK Art. 6/1, 10/1). Unless otherwise agreed, the place of performance of a monetary debt is the creditor’s place of residence (TBK Art. 89/1); if the creditor lives abroad, this is mostly outside Türkiye.

In a commercial dispute, is it mandatory to go to a mediator before an action to set aside the objection?

If the dispute is a commercial case, yes. In commercial cases whose subject is a sum of money (actions on claims, for compensation, to set aside an objection, for a negative declaration and for restitution), applying to a mediator before the action is filed is a condition of admissibility of the action. An action filed without applying to a mediator is dismissed on procedural grounds. The Law on Mediation in Civil Disputes also covers disputes with a foreign element; no separate exception is stated for foreign parties. Where there is an arbitration agreement, the provisions on mediation as a condition of the action do not apply (TTK Art. 5/A/1; HUAK Art. 1/2, 18/A/2, 18/A/18).

Must a foreign creditor provide security for enforcement proceedings in Türkiye?

Yes. A foreign creditor is obliged to provide security in enforcement proceedings to cover litigation and enforcement expenses and the opposing party’s losses and damages; where reciprocity exists, the creditor is exempt from security. According to the 12th Civil Chamber of the Court of Cassation (Yargıtay), security is a precondition for conducting the proceedings and is taken into account ex officio. The law does not set an amount; the enforcement office determines it. The amount determined, or an exemption, may be brought before the enforcement court by way of complaint (MÖHUK Art. 48/1, 48/2; Court of Cassation, 12th Civil Chamber, Docket No. 2024/1957, Decision No. 2024/7393, 18.09.2024; to the same effect, Docket No. 2025/975, Decision No. 2025/2718, 26.03.2025).

Is an apostille required for a power of attorney given from abroad?

A power of attorney can be drawn up abroad at a Turkish consulate or before a notary of the country where the person is located. A power of attorney drawn up before a foreign notary, if the country is a party to the 1961 Hague Apostille Convention, is used with an apostille affixed to the document by the competent authority of that country; giving a power of attorney at a Turkish consulate is a separate route. If the document is not in Turkish, its translation is submitted (HMK Art. 223, 224; Hague Apostille Convention Art. 3-5; Noterlik K. Art. 191).

Can a foreign court judgment be enforced directly in Türkiye?

No. For judgments of foreign courts in civil matters that have become final under the law of that state to be enforced in Türkiye, a declaration of enforceability (tenfiz) by the court of first instance is required. Tenfiz requires, among other conditions, reciprocity between Türkiye and that state (an agreement, a statutory provision or de facto practice) and that the judgment is not manifestly contrary to public order. After tenfiz, the judgment is enforced under the provisions on enforcement with a judgment, like judgments rendered by Turkish courts (MÖHUK Art. 50/1, 51/1, 54/1, 57/1; İİK Art. 32).

This article was prepared in accordance with the legislation as of October 28, 2026. Our other legal articles are on the Publications page.

Çebi Hukuk & Danışmanlık is a law firm founded in 2019, with its office in Bakırköy (Istanbul); it works in Turkish, English, Spanish and Arabic. Our practice area on this subject is described in the International Debt Collection section; you can reach us through the Contact page.

This article is a general assessment prepared in accordance with the legislation in force on its date of publication; it does not constitute a legal opinion. This English text is a translation of the Turkish original; in case of any discrepancy, the Turkish version prevails.