Recovering outstanding debts from Turkish debtors can be challenging for international businesses. Turkish law provides robust and swift legal frameworks for debt collection and asset tracing, primarily governed by the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu).


1. Amicable Settlement vs. Legal Enforcement

Before launching official court proceedings, it is standard practice to send a notarized warning letter (İhtarname) to the debtor, requesting payment within a specific deadline. If the debtor remains non-compliant, formal enforcement actions must be taken.


2. Types of Enforcement Proceedings (İcra Takibi)

There are two primary methods to recover commercial debts through the Enforcement Offices:

  • Enforcement Without Judgment (İlamsız Takip): Used for debts based on invoices, contracts, or open accounts. The enforcement office sends a payment order to the debtor. If the debtor does not object within 7 days, the order becomes final, and the creditor can seize the debtor's bank accounts, real estate, and company shares.
  • Enforcement of Bills of Exchange (Kambiyo Senetlerine Özgü Takip): Applicable if the debt is backed by bills of exchange, promissory notes (Senet), or checks. The objection period is limited to 5 days, and the grounds for objection are very restricted, providing a much faster recovery process.

3. Enforcement of Foreign Court Judgments (Tenfiz)

If a foreign company has already obtained a court judgment or arbitration award abroad, it cannot enforce it directly in Turkey. A recognition and enforcement lawsuit (Tenfiz Davası) must be filed before Turkish courts. For the court to grant enforcement, a reciprocity treaty between Turkey and the foreign nation must exist, and the judgment must not violate Turkish public policy.



Frequently Asked Questions (FAQ)

How to Collect a Debt from a Turkish Debtor?

  1. Warning Letter: Send a notarized warning demand letter.
  2. Enforcement Action: Initiate an enforcement file (İcra Takibi) at the enforcement office.
  3. Asset Seizure: Seize bank accounts, vehicles, or properties if no payment occurs.
  4. Litigation: File an action for cancellation of objection if the debtor objects.