Law of obligations and debt claims
If you lent money that has not been repaid, hold an unpaid promissory note or have received a formal notice, we help you work out the deadlines and the way forward.
The law of obligations governs debts between people: where a debt comes from (a contract, a tort or unjust enrichment), how and when it must be paid, and what the creditor can do if it is not. The main statute is the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, TBK). Typical matters include a personal loan that was never repaid, an unpaid promissory note, a loan you guaranteed, or a payment sent to the wrong account.
There are two main routes to collect a debt: enforcement proceedings (icra takibi) and a lawsuit for payment (alacak davası). A creditor holding a promissory note, a cheque or a clear document signed by the debtor usually starts with enforcement; if the existence or amount of the debt is disputed, a lawsuit may be the better choice. If the debtor objects to enforcement, the creditor can file an action to set aside the objection within one year of being notified of it (Enforcement and Bankruptcy Code, İİK art. 67).
The most common way to lose a claim is the limitation period. The general period is ten years (TBK art. 146); some claims such as rent, interest and other periodic payments become time-barred in five years (TBK art. 147), and claims based on tort or unjust enrichment within two years of learning of them and in any case ten years (TBK arts. 72 and 82). Promissory notes and cheques have much shorter periods. The judge does not apply limitation on their own initiative; the debtor must raise it (TBK art. 161).
For creditors, we handle formal notices, enforcement proceedings and debt claims; for debtors, replies to notices, objections to enforcement and actions for a declaration of non-debt (menfi tespit). For business debts see our Commercial and Corporate Law page; for problems with the contract itself, such as termination or penalty clauses, see Contract Law.
When you may need this
- You lent money to a relative or acquaintance and it has not been paid back.
- You hold an unpaid promissory note (senet, bono) or a cheque that bounced.
- You received a formal notice (ihtarname) through a notary and are unsure how to respond.
- Enforcement proceedings based on a promissory note or cheque have been started against you and the objection period is running.
- You signed as guarantor (kefil) for someone's loan or lease and the debt is now being claimed from you.
- You sent money to the wrong account, or paid under a contract that turned out to be invalid, and want it back.
- You want to know whether an old debt or claim is time-barred.
How the process works
- 01
Assessing the claim and deadlines
We review the source of the debt, the documents and the limitation position. If a promissory note, a cheque or enforcement proceedings are involved, we identify the short deadlines first.
- 02
Formal notice
Where no due date was agreed, the debtor goes into default once the creditor demands payment (TBK art. 117). We prepare a notice that gives a reasonable time to pay, serves as evidence, and is sent through a notary.
- 03
Enforcement or lawsuit
Depending on the type of document and the debtor's likely response, we explain whether enforcement, a lawsuit or a precautionary attachment fits best, with expected costs and timing.
- 04
Mediation
If the claim is commercial, or arises from a consumer or lease relationship, mediation may be required before filing. In that case we file the application and represent you in the sessions.
- 05
Lawsuit and proof
We prove the claim with the contract, notes, bank records, correspondence and witnesses. Because transactions above a set amount must be proven in writing, we assess the evidence before filing.
- 06
Collection or settlement
After judgment we pursue collection through enforcement. If the parties settle, we draft a settlement and release agreement with a payment plan.
Services in this area
- Collection of personal loans, promissory notes and cheques01
- Debt claims, actions to set aside objections and actions for declaration of non-debt02
- Objections to the debt or signature in enforcement based on notes and cheques03
- Drafting formal notices and replying to notices received04
- Disputes arising from guarantee (kefalet) agreements05
- Unjust enrichment and recovery of mistaken bank transfers06
- Compensation claims arising from torts07
- Default interest, limitation and performance disputes08
- Settlement, release and payment plan agreements09
Documents worth bringing
- The original promissory note, cheque or other document showing the debt
- Bank receipts, transfer (EFT) records and account statements
- The contract, protocol or guarantee between the parties
- Messages, e-mails and any correspondence in which the debt is acknowledged
- Formal notices sent or received, with proof of service
- Any enforcement file number, payment order and date of service
- Contact details of possible witnesses
How fees and costs are determined
Our fee is set in a written fee agreement according to the work involved: a formal notice, enforcement proceedings, a lawsuit or an objection. By law it cannot be lower than the Minimum Attorney Fee Tariff (AAÜT) updated each year by the Union of Turkish Bar Associations; if a percentage of the claim is agreed, the limits in Article 164 of the Attorneys' Act apply. We agree in writing at the outset which stages the fee covers.
When suing for payment, a court fee calculated on the claim value and an advance on costs are paid up front; enforcement proceedings also involve fees and service costs. A notary's fee for sending a formal notice is paid separately under the notarial tariff. Where mediation is mandatory and no agreement is reached, the first two hours of the mediator's fee are covered by the state and added to the court costs. The losing party pays the court costs and the other side's attorney fee; an unjustified objection or claim in enforcement can also lead to additional compensation (İİK art. 67).
Frequently asked questions
How do I sue someone who owes me money, and in which court?
You file a statement of claim explaining the source and amount of the debt and pay the court fee and cost advance. The general civil court of first instance (asliye hukuk mahkemesi) is the default court; commercial disputes go to the commercial court and consumer disputes to the consumer court. As a rule you sue where the debtor lives; for contractual money debts, because money is payable at the creditor's residence (TBK art. 89), you can usually also sue where you live.
How long does a debt case take?
It depends on the evidence, whether an expert report is needed and the court's workload. A simple claim proven by a signed note and bank records can move relatively quickly, while disputes over accounts take longer because of expert reports and objections. Appeals to the regional court and the Court of Cassation can add to the overall time.
Should I start enforcement or file a lawsuit?
If you hold a promissory note, a cheque or a clear signed acknowledgment of debt, enforcement is usually the faster start. If the debtor objects to ordinary enforcement, it stops; you then have one year to file an action to set aside the objection, and if you win you can claim compensation of at least twenty percent of the debt (İİK art. 67). If the debt itself is disputed from the start, going straight to court can avoid unnecessary costs.
Is mediation mandatory before suing for a debt?
It depends on the dispute. Mediation is mandatory before filing for commercial claims, consumer and lease disputes, and employee claims arising from employment. For a non-commercial debt between individuals, such as a personal loan, there is generally no mandatory mediation, though the parties can choose to mediate voluntarily. While a mediation application is pending, the limitation period does not run.
How long is the limitation period for a debt, and how is it interrupted?
Unless the law provides otherwise, claims become time-barred after ten years (TBK art. 146); rent, interest and similar periodic payments, and certain claims under mandate and work contracts, after five years (TBK art. 147). The period is interrupted, and starts again, if the debtor acknowledges the debt, makes a partial or interest payment, or if the creditor files a lawsuit or starts enforcement (TBK arts. 154 and 156). A time-barred debt does not disappear by itself; if the debtor does not raise limitation, the judge will not apply it.
What happens if a promissory note is not paid?
If the note qualifies as a promissory note under the Commercial Code (bono), the creditor can use the special enforcement route for negotiable instruments; the debtor then has five days from service to object to the debt or the signature and ten days to pay (İİK art. 168). An ordinary IOU that does not meet those requirements is pursued through ordinary enforcement or a lawsuit. The limitation period against the maker of a promissory note is three years from maturity; for a cheque it is six months from the end of the presentment period.
I received a formal notice (ihtarname). What happens next?
A formal notice is not enforcement or a court decision and cannot lead to seizure by itself. It can, however, put you in default, start interest running and later be used as evidence. In most cases you are not obliged to reply, but if you dispute the demand, a written, reasoned reply strengthens your position later. Between merchants and in matters such as invoices short deadlines apply, so read the notice the day you receive it.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
Share your legal matter.
Send your appointment request and we will get back to you shortly. For urgent matters, please call.