When a foreign creditor sues you or starts enforcement in Turkey, you are not completely unprotected. In many situations, Turkish law allows you to insist that the foreign claimant first deposits a security for costs (teminat) before the case or enforcement can move forward. This mechanism – often called cautio judicatum solvi – can be strategically very important for a foreign debtor defending in Turkey.
Below is a practical guide to when security can be requested, what it covers, and how the procedure works from a foreign debtor’s point of view.
1. Legal basis: Why can you ask for security?
Under Turkish private international law, foreign natural or legal persons who:
- file a lawsuit in Turkish courts,
- intervene in an ongoing case as claimant-side participant, or
- start enforcement proceedings (icra takibi) in Turkey
may be required to provide security for litigation and enforcement costs and the potential damage of the opposing party.(Av. Ahmet Ekin)
This obligation is rooted mainly in Article 48 of the Turkish Private International Law and International Civil Procedure Act (MÖHUK), which specifically targets foreigners, and in the general security provisions of the Turkish Code of Civil Procedure (HMK) for other categories such as Turkish citizens without habitual residence in Turkey.(Av. Ahmet Ekin)
For you as a foreign debtor, this means: if your creditor is a foreign person or company initiating proceedings in Turkey, you can ask the court or enforcement authority to order them to post security before the case or the enforcement is allowed to continue.
2. In which situations can you rely on security for costs?
You can typically invoke the security mechanism in the following scenarios:
- Civil/commercial lawsuit filed against you in Turkey
If the plaintiff is a foreign individual or company, you may request that the court orders them to provide security covering court fees, expert costs, potential costs awards and your foreseeable damage if their claim proves unjustified.(Av. Ahmet Ekin) - Intervention by a foreign claimant
If a foreign party joins an existing case on the claimant’s side (for example, as an intervenor claiming part of the debt), they can also fall under the security obligation. - Enforcement proceedings initiated by a foreign creditor
A foreign creditor who starts icra takibi in Turkey (for instance, to enforce a judgment, a cheque, a loan agreement or a guarantee) may be required to post security upon your request. If the security is not deposited within the deadline, the enforcement can be cancelled.(Av. Ahmet Ekin)
In all of these situations, the judge or enforcement office will examine (a) whether the party is “foreign” in the legal sense and (b) whether any exemption applies.
3. Important exemptions: Reciprocity and other relief
The security obligation is not absolute. Turkish law provides several exemptions where the foreign claimant may be partially or fully relieved:
- Reciprocity (mütekabiliyet): If, under treaties, foreign legislation or actual court practice, Turkish citizens are not required to post security in that foreign state, then nationals of that state may also be exempt in Turkey. Reciprocity can be treaty-based, statutory or factual.(Dışişleri Bakanlığı)
- International conventions: Turkey is party to instruments such as the 1954 Hague Convention on Civil Procedure and the European Convention on Establishment, which give broad security exemptions to nationals of certain states that are resident in a contracting state.(Dışişleri Bakanlığı)
- Legal aid and similar situations: A foreign claimant who is granted legal aid (adli yardım) or who has sufficient assets located in Turkey may, in some cases, be exempted from security, depending on the court’s assessment.(Av. Ahmet Ekin)
As a foreign debtor, you should therefore not assume that the foreign claimant will automatically be ordered to provide security. Your lawyer should check whether the claimant’s home state benefits from a treaty or other reciprocity arrangement with Turkey.
4. Type and amount of security
If the court or enforcement office accepts your objection and decides that security must be given, it will set both the amount and the form of the security.
- Under the Code of Civil Procedure, the judge has broad discretion to determine the type and amount of the security, unless the parties have agreed on a specific form in their contract.(Av. Ahmet Ekin)
- The amount usually aims to cover:
- anticipated court fees and costs,
- potential costs and attorney-fee awards if the claim is dismissed,
- and, in some contexts, possible damages caused by unjustified provisional measures (like an attachment or injunction).(Kesikli)
In practice, courts and enforcement offices frequently accept:
- Cash deposit into the court or enforcement office account,
- A first-demand bank guarantee letter (banka teminat mektubu) issued by a bank operating in Turkey,
- In some cases, other forms of security (e.g. pledge over assets) if the court finds them equivalent.
For foreign creditors, this often raises the practical question: “I do not have a bank account in Turkey – how can I post security?” They may need to work through:
- A Turkish subsidiary or affiliate that provides the guarantee,
- A Turkish bank cooperating with their foreign bank under a correspondent relationship,
- Or a third-party guarantor in Turkey that issues the guarantee on their behalf.
From your perspective as a foreign debtor, these practical difficulties can increase your settlement leverage: if the creditor cannot or will not provide acceptable security, the proceedings will not move forward.
5. What happens if security is not provided?
Security in this context is a procedural requirement (dava şartı). If the court or enforcement office orders security and the foreign claimant fails to provide it within the fixed deadline:
- The lawsuit is dismissed on procedural grounds (without examination of the merits), or
- The intervention request is deemed withdrawn, or
- The enforcement proceeding is cancelled in the case of icra takibi.(Av. Ahmet Ekin)
This is why raising the issue early and correctly is so important. A timely security objection can stop the case or the enforcement entirely if the claimant is not prepared to comply.
6. Practical roadmap for foreign debtors
If you are a foreign debtor facing a claim or enforcement in Turkey:
- Identify the claimant’s status
Confirm whether the party suing or enforcing against you qualifies as “foreign” (nationality / place of management for companies). - Check for reciprocity or treaty exemptions
Your Turkish counsel can check Ministry of Justice lists and international conventions to see whether the claimant’s state enjoys a security exemption.(Dışişleri Bakanlığı) - Raise the security objection at the earliest opportunity
In a court case, this should be in your first submissions; in enforcement, via the appropriate objection or complaint mechanism within the statutory deadlines. - Request a realistic but meaningful amount
Work with your lawyer to estimate likely costs, potential damages from provisional measures, and ask the court to set a security that adequately covers your risk exposure if the claim proves unfounded. - Monitor compliance with the court’s order
If the foreign claimant does not deposit the security in time or offers a form of security that does not meet Turkish standards, insist that the lawsuit or enforcement be dismissed or cancelled according to the statute.
Used correctly, the security-for-costs mechanism is a powerful defensive tool for foreign debtors: it filters out speculative claims and forces foreign creditors to back their Turkish litigation with real financial commitment.
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