Most foreign clients reach us late. By then the money has usually moved, the seven-day window to object has run, or the contract turns out to contain a dispute clause that points nowhere useful. We act for foreign individuals, expatriates and companies in Turkish courts, enforcement offices and arbitration, and the file is run in English throughout.
Turkish civil and commercial litigation is governed principally by the Code of Civil Procedure (HMK, Law 6100), with substantive rights drawn from the Turkish Code of Obligations (TBK, Law 6098), the Turkish Commercial Code (TTK, Law 6102) and the Turkish Civil Code (TMK, Law 4721). Enforcement and debt collection run through the Enforcement and Bankruptcy Law (İİK, Law 2004). Identifying which of those governs your dispute is the straightforward part. The harder question is whether the route you are on ends in money actually collected.
Court is one option, not the default
The first question is not whether you would win. It is where the other side's assets sit and whether they can still be reached. Sometimes the answer is a notice through a notary. Sometimes it is enforcement proceedings opened the same week, with the lawsuit following behind. We would rather sequence those steps than file one loud claim and wait three years to find the debtor empty.
- Commercial & contract disputes — breach of contract, unpaid invoices, defective performance, agency and distribution conflicts, and shareholder or joint-venture disagreements under the TTK and TBK.
- Debt recovery & enforcement (icra / İİK) — enforcement proceedings for foreign creditors, objection removal (itirazin iptali / kaldirilmasi), attachment of assets and collection through the enforcement offices.
- Real-estate litigation — title (tapu) disputes, defective or delayed delivery, cancellation and registration claims, and construction-in-return-for-land conflicts affecting property buyers.
- Arbitration (ISTAC / ICC) — representation in institutional and ad hoc arbitration where your contract provides for it, and advice on drafting workable dispute clauses.
- Interim injunctions & attachment — precautionary measures (ihtiyati tedbir) and precautionary attachment (ihtiyati haciz) to preserve assets and protect the status quo while a claim proceeds.
- Cross-border disputes — matters with a foreign element, service abroad, applicable-law questions under Turkish private international law (MÖHUK, Law 5718), and coordination with counsel in other jurisdictions.
Assets move faster than courts. A precautionary attachment (ihtiyati haciz) or an interim injunction can freeze bank accounts and property before the other side knows a claim is coming. Where the facts support it we apply at the outset. A judgment is worth only what is left to satisfy it.
Debt recovery and enforcement for foreign creditors
You do not have to sue first. Under the İİK (Law 2004) a creditor can open enforcement proceedings (icra takibi) directly, and the debtor has seven days from service of the payment order to object. Miss that window and the proceeding becomes final. Most debtors do object, which turns the file into an action to remove the objection (itirazin iptali or kaldirilmasi) — slower, but narrower than a full contract claim, and it carries a compensation claim of at least 20 per cent against a debtor who objected without grounds. In parallel we chase attachment against bank accounts, receivables and registered property. If your claim rests on a judgment or award already obtained abroad, see recognition and enforcement of foreign judgments.
Commercial and shareholder disputes
Shareholder fallouts are the ones that surprise foreign investors most. A general-assembly resolution can be attacked, but the action has to be brought within three months of the resolution under the TTK, and after that the complaint is largely academic. We handle director liability claims, minority rights, unpaid invoices and defective performance under the TBK, and the ordinary contract work in between. Where the real problem is the company rather than the dispute, our corporate and commercial team takes the other half of the file.
Arbitration and alternative routes
Where your contract contains a valid arbitration clause, the dispute may belong before the Istanbul Arbitration Centre (ISTAC), the ICC or another agreed forum rather than the state courts. It buys a neutral venue, confidentiality and, through the New York Convention, an award enforceable in more than 170 countries. It also costs more up front, and there is essentially no appeal on the merits. For a modest debt that is a bad trade. We say so when it is. We also draft dispute clauses, which is the cheapest hour anyone spends on a dispute.
Working with us from abroad
Most foreign clients never need to appear in person. With a remote Power of Attorney — prepared at a Turkish consulate or before a notary abroad with apostille — we can file claims, attend hearings, run enforcement and negotiate settlements on your behalf. You get updates in English when something actually happens, not monthly for the sake of it. And if the likely recovery does not justify the cost and the years, we will tell you the case is not worth running.
Winning the argument is not the job. Collecting is.
Turkish procedural deadlines are short and they are counted from service, not from the day you understood the document. If something has landed, or you can see it coming, contact Istanbul Attorneys and we will tell you what your options still are.
Frequently asked questions
How long does commercial litigation take in Türkiye?
One to three years at first instance for a commercial case, with most of that time spent waiting on court-appointed expert reports. Add a year or more if the decision goes to the regional court of justice (istinaf), and longer again at the Court of Cassation (Yargıtay). Speed in court is rarely what determines recovery. Attachment secured early usually matters more.
Can I recover a debt in Türkiye without a full lawsuit?
Often, yes. Under the İİK (Law 2004) you can open enforcement proceedings (icra takibi) without filing a lawsuit first. The debtor has seven days from service of the payment order to object. If no objection arrives, the proceeding becomes final and collection can begin. If one does, the file moves to an action to remove the objection (itirazin iptali or kaldirilmasi).
Do I need to travel to Türkiye to pursue or defend a claim?
Usually not. With a remote Power of Attorney, prepared through a Turkish consulate or a notary abroad with apostille, we can file, attend hearings and manage enforcement on your behalf. Many procedural steps are handled in writing, so most foreign clients never need to appear in person.
Is arbitration available for disputes in Türkiye?
Yes. Where your contract contains a valid arbitration clause, disputes can be resolved through institutions such as the Istanbul Arbitration Centre (ISTAC) or the ICC, rather than the state courts. Arbitration can offer confidentiality and a neutral forum, and awards are broadly enforceable internationally under the New York Convention.
Can I obtain an interim injunction or asset freeze early in a dispute?
Sometimes, and it is usually worth asking. Turkish procedure allows interim injunctions (ihtiyati tedbir) and precautionary attachment (ihtiyati haciz). The court needs urgency and a claim it finds credible on the papers, and it will normally require security, commonly around 15 per cent of the claim, before the measure takes effect. Applications are often decided without notice to the other side. That is the point of them.
