Debt Collection in TurkeyDebt collection in Turkey: executive procedure with judgement process

Debt collection in Turkey

The executive procedure with judgement process is as follows:

The Claimant informs the debtor regarding their claim by sending an enforcement order (it is called a payment order in enforcement proceedings without judgement process) which is based on the favorable court decision.

If there are restrictions in the creditor’s country against Turkish Citizens and Turkish legal entities filing a litigation case in that country, the Turkish Court will request a security deposit from the creditor. Should there be no judicial assistance agreement or relevant convention between Turkey and third countries, there is an obligation to pay a security deposit (Cautio Judicatum Solvi) for foreign legal entities or real persons who intend to initiate a lawsuit or enforcement procedure in Turkey. (Article 97 of the Turkish Code of Civil Procedure and Article 32 of the Code of Private International Law and International Civil Procedure).

There is no amount or percentage specified with regard to the amount of the deposit, however in practice the courts determine 15% of the disputed amount to be an appropriate amount for the security deposit.

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