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Commercial Debt Recovery

Recovering Unpaid Commercial Debt from a Turkish Company

If a Turkish company owes your business money for goods or services, a licensed Turkish lawyer (avukat) can pursue the debt through enforcement proceedings (icra takibi), seek to secure the debtor's assets early where the conditions are met, and litigate in the commercial court. This page explains the route, in plain English.

Palletised goods in a warehouse awaiting despatch.
Goods delivered, invoice unpaidThe shipment went out and the payment never came — that gap is what enforcement is built on.
icra takibi
Enforcement is a common collection route in Türkiye
itiraz
A debtor's objection can suspend enforcement until a court resolves it
ihtiyati haciz
Assets may be frozen early by court order before judgment, on conditions
asliye ticaret
Disputed commercial claims are heard in the Commercial Court of First Instance

Who this is for

This page is for businesses outside Türkiye that are owed money by a Turkish company. Typically you are an exporter, supplier, manufacturer, or service provider who delivered goods or performed services, invoiced, and has not been paid.

Common situations we see:

  • Goods shipped to a Turkish buyer on open account; invoices now overdue.
  • Services or work delivered under a contract or purchase order, then ignored.
  • A debtor that acknowledged the debt, promised to pay, then went quiet.
  • A signed contract, framework agreement, or a bounced cheque (çek) or promissory note (bono / senet) backing the debt.

The stronger your paper trail — contract, purchase orders, invoices, delivery records, correspondence, and any signed acknowledgment — the more direct the recovery route tends to be.

Debt is often pursued first through enforcement proceedings (icra takibi) at an enforcement office (icra dairesi), rather than starting with a full lawsuit. The office issues a payment order (ödeme emri) to the debtor. If the debtor does not object within the statutory period, the proceeding can become final and assets may be seized.

If the debtor files an objection (itiraz), the enforcement is generally suspended and the dispute moves to court. There are two main paths:

  • Annulment of objection (itirazın iptali, İİK art. 67) — a lawsuit asking the court to set aside the objection and confirm the debt. Available on a wider range of evidence.
  • Removal of objection (itirazın kaldırılması, İİK art. 68) — an enforcement-court route available where the debt rests on qualifying documents (for example, certain signed documents or instruments).

The party liable is normally the contracting Turkish company. Whether an individual director or a parent company can also be reached depends on the facts — guarantees, signatures, or grounds to look behind the company — and must be assessed case by case.

In short: enforcement is often the first step; if the debtor objects, the right court route (İİK 67 or İİK 68) depends on the documents behind the debt.

What you can claim

Beyond the principal debt, Turkish law generally allows you to claim:

  • Default interest (temerrüt faizi) from the date the debt fell due or the debtor was put in default, calculated under the statutory framework (Law No. 3095). Between merchants, a higher commercial default rate (which may be tied to the Central Bank's short-term advance rate) can apply.
  • Enforcement and litigation costs, and a portion of attorney's fees, which a successful party can typically recover under the applicable tariff.

Where the contract is in a foreign currency, claims can in many cases be pursued in that currency or its Turkish-lira equivalent, depending on the contract and the facts. The practical aim is the same: to turn an unpaid invoice into an enforceable claim and reach the debtor's assets.

We do not promise any particular amount or outcome — recovery always depends on the strength of the claim and, critically, on whether the debtor has assets to collect against.

Securing assets early (precautionary attachment)

A debt is only worth what you can actually collect. If there is a real risk the debtor will move or hide assets, Turkish law allows you to ask a court for a precautionary attachment (ihtiyati haciz, İİK art. 257) — an order freezing the debtor's assets (such as bank accounts or property) before or alongside the main proceeding, where the legal conditions are met.

Key points to understand:

  • The court usually requires the creditor to post security (teminat) as a condition of the order.
  • Once granted, the attachment must be followed up with enforcement or a lawsuit within the statutory time limits, or it lapses.
  • Speed and good documentation matter — this tool is generally most useful when used early.

Whether a precautionary attachment is available and advisable in your case is a judgment call for the avukat based on your evidence and the applicable conditions.

Waiting rarely improves a debt

Waiting rarely improves a debt.Time works against recovery: evidence ages, companies restructure, and limitation periods run. The earlier a file is looked at, the more options remain.

How long you have (limitation period)

Turkish law sets time limits (zamanaşımı) for enforcing a debt. As a general rule, ordinary contractual claims are subject to a ten-year period under the Turkish Code of Obligations (TBK art. 146), while certain categories of claim carry a shorter five-year period (TBK art. 147). Claims based on cheques or promissory notes have their own, generally shorter limitation rules under the Turkish Commercial Code.

Which period applies to your debt — and exactly when it started running — depends on the type of contract, the nature of the claim, and the facts, and the point can be contested for some commercial receivables. The period can also be interrupted by certain acts (for example, acknowledgment of the debt or commencing enforcement).

Important: treat any period above as a general starting point only. The limitation that actually applies to your claim must be checked against your exact facts before you rely on it. If your invoices are getting old, it is better to ask sooner rather than later.
A cross-border strategy call over documents.
Handled from where you are — the file moves, you don't.

How it works when you are abroad

You do not need to travel to Türkiye to pursue a debt. The avukat acts as your counsel of record and handles the proceedings locally. To act for you, we generally need:

  • A power of attorney (vekâletname) authorising the lawyer to represent your company. For use from abroad this is usually signed before a notary and apostilled (or legalised, if your country is not party to the Apostille Convention).
  • A sworn/certified translation of the power of attorney and key documents into Turkish where required.
  • Your evidence pack: contract, purchase orders, invoices, delivery and shipping records, correspondence, and any cheque, note, or written acknowledgment.

From there, communication is remote — by email and call, in English — and we keep you updated as the matter progresses. If you already hold a foreign court judgment or arbitral award against the Turkish debtor, that is pursued in Türkiye through recognition and enforcement; see our page on enforcing foreign judgments and awards in Türkiye.

Reviewing a company's premises and assets.
Recovery follows the assets — so what the debtor still owns is checked early.

How we work and your next step

We start by reviewing your documents and the debtor's profile, then set out the realistic options — a demand and enforcement, a precautionary attachment, or litigation — and the likely time and cost of each. Fees are explained clearly at the outset; we typically work on a success-fee basis within the limits Turkish law allows (Avukatlık Kanunu art. 164).

Calculate Your Accrued Interest Online

Use our free interactive tool to compute statutory legal interest and commercial default rates under Law No. 3095 on your unpaid invoices.

Open Turkish Interest Calculator →

To get a useful first assessment, send us:

  • A short summary of what was supplied, when, and what is owed.
  • The contract and the unpaid invoices.
  • Any correspondence where the debtor admits or disputes the debt.

Contact us with these and we will tell you whether there is a workable route and what it would involve.

An honest note

This page is general information about Turkish law, not legal advice, and reading it does not create a lawyer-client relationship. Restitora is the practice of a licensed Turkish lawyer (avukat) who represents clients as counsel of record — it is not a debt-collection agency, a claims buyer, or a lead reseller.

Every case turns on its own facts and on whether the debtor actually has assets to collect against. We cannot and do not guarantee any outcome, amount, or timeframe. What we can do is assess your claim honestly and pursue it properly under Turkish law.

📚 Deep Dive: Read our in-depth legal analysis on how foreign creditors freeze Turkish debtor bank accounts in 24–48 hours (İhtiyati Haciz).

Questions

FAQ
Do I have to sue, or can the debt be pursued without a full court case?

Often it starts without a full lawsuit. Many debts are pursued first through enforcement proceedings (icra takibi), where the enforcement office issues a payment order to the debtor. If the debtor does not object in time, the proceeding can become final and assets may be seized. A court case (in the Commercial Court of First Instance, asliye ticaret) usually becomes necessary if the debtor objects to the enforcement.

The debtor objected to the enforcement. What happens now?

An objection (itiraz) generally suspends the enforcement, and the matter moves to court. Depending on the documents behind the debt, the route is either annulment of objection (itirazın iptali, İİK art. 67) or removal of objection (itirazın kaldırılması, İİK art. 68). The avukat will advise which path fits your evidence and the applicable deadlines.

Can the debtor's assets be frozen before the case is over?

Potentially, yes. Turkish law allows a precautionary attachment (ihtiyati haciz, İİK art. 257) freezing assets such as bank accounts before judgment, where the conditions are met. Courts usually require the creditor to post security, and the attachment must be followed up with enforcement or a lawsuit within set time limits. Whether it is available in your case depends on the facts.

How long do I have to claim an unpaid debt in Türkiye?

It depends on the type of claim. As a general rule, ordinary contractual claims carry a ten-year limitation period and certain categories carry five years; cheques and promissory notes have their own, generally shorter rules. These are starting points only — the period that applies to your debt, and when it began, must be checked against your exact facts, and the point can be contested for some commercial receivables. If your invoices are aging, raise it early.

I am based abroad. Do I need to come to Türkiye?

No. The avukat represents you locally as counsel of record. You generally provide a power of attorney (vekâletname), usually notarised and apostilled abroad, plus a Turkish translation where required and your evidence. Communication is handled remotely in English.

I already have a court judgment from my own country. Can I use it in Türkiye?

A foreign judgment or arbitral award is not automatically enforceable in Türkiye — it must first be recognised and enforced by a Turkish court, after which you can pursue the debtor's assets through enforcement. See our page on enforcing foreign judgments and awards in Türkiye.

How are your fees structured?

Fees are explained clearly at the outset. We typically work on a success-fee basis within the limits Turkish law allows; under the Attorneys' Act (Avukatlık Kanunu art. 164) a success fee is capped and a pure share of the recovered asset is not permitted. You will know the basis before any work begins.

Owed money in Türkiye? Let's look at it.

A reply within a day, and an honest view — in English, no pressure.