Filing a lawsuit is only the beginning of litigation in Türkiye. Before the court can meaningfully proceed—before deadlines start to run, before a defendant can be declared in default, and before a judgment can safely stand—the defendant must be properly served with the claim petition and subsequent court documents.
In Turkish practice this is called tebligat. In international contexts, it is commonly referred to as service of process. When the defendant is a foreigner (or simply located outside Turkey), service becomes one of the most technical and time-sensitive parts of the entire case.
If service is handled incorrectly, the consequences can be severe:
- the defendant’s right to be heard may be violated,
- the case may be delayed for months (or longer),
- a judgment may be set aside on appeal,
- and in cross-border scenarios, enforcement abroad may be jeopardized.
This article provides a practical, litigation-focused roadmap explaining how Turkish courts serve judicial documents on foreign defendants, which legal routes are used depending on the country and address situation, what paperwork and translations are typically required, how costs work (including the 2025 official schedule), and what to do if service fails or the address is unknown.
1) Start With the Correct Question: Where Is the Defendant?
In Turkey, the practical service route depends less on the defendant’s nationality and more on where the defendant can be served.
A. The foreign defendant is in Turkey (domestic service)
If the foreign national has a usable address in Turkey, service is generally carried out through ordinary domestic notification mechanisms. The case is “international” only in the sense that a foreign person is involved.
B. The foreign defendant is abroad (international service)
If the defendant is outside Turkey, the court will use international service channels—typically based on treaties (especially the 1965 Hague Service Convention) and/or diplomatic routes.
C. Address known vs address unknown
Even when the defendant is abroad, the strategy changes dramatically depending on whether the plaintiff can provide a specific, complete, deliverable address (street, building, apartment, postcode, city, country).
2) The Core Legal Framework in Turkey
Service abroad from Turkey is shaped by a mix of:
- Notification Law No. 7201 (Tebligat Kanunu), especially:
- Article 25 (service in a foreign country),
- Article 28–31 (publication service, last resort),
- Article 32 (effect of irregular service if the addressee actually learned of it).
- International treaties and reciprocity (mütekabiliyet), which determine how foreign authorities may serve documents and what formalities must be respected.
- Administrative practice and guidance of the Ministry of Justice – Directorate General for Foreign Relations and EU Affairs (DIABGM), which functions as Turkey’s Central Authority under the Hague Service Convention.
3) Domestic Service in Turkey to a Foreign National
If you can serve the defendant in Turkey, the court generally uses standard domestic rules (PTT distribution, service at residence/workplace, service to authorized representatives, etc.).
Practical points for plaintiffs:
- Use the most reliable address you can evidence (contract, permit address, trade registry records, official notifications).
- If the defendant has a lawyer who filed a power of attorney in that case, service to counsel may become procedurally meaningful in practice (always confirm court directions).
- Avoid “creative shortcuts.” Attempting to treat a foreigner as if they were “unreachable” can backfire if the file shows you knew—or should have known—the real address.
Domestic service is usually faster than international service. But it is still vulnerable to “irregular service” arguments if the address is incorrect, incomplete, or service was carried out contrary to the Notification Law.
4) International Service: The Two Main Routes Turkey Uses
When the defendant is abroad, Turkish practice generally moves along one (sometimes both) of these routes:
Route 1: Service through foreign competent authorities (treaty-based / official channel)
Notification Law Article 25 sets the basic principle: service abroad is made via the competent authority of that country; and if an agreement or the foreign country’s law allows, Turkish diplomatic/consular officers may request service from that competent authority.
This route aligns well with the Hague Service Convention model: a request is transmitted through official channels and the foreign authority returns an official certificate.
Route 2: Service through diplomatic/consular channels (or where treaty channels are limited)
Article 25 also describes a diplomatic forwarding structure (through ministries and then to the relevant Turkish embassy/consulate), with a note that in some cases documents can be sent directly to the mission without involving the Ministry of Foreign Affairs.
In practice, which route is used depends on:
- the destination country,
- the existence and content of treaties,
- what the court is willing to accept as valid proof of service,
- and what DIABGM guidance indicates for that country.
5) The Hague Service Convention: The “Default” for Civil/Commercial Cases
For many countries, the 1965 Hague Service Convention is the most common mechanism used for cross-border service of process in civil and commercial matters.
Turkey’s Central Authority under the Convention is DIABGM (Ministry of Justice), listed by the Hague Conference.
Why Hague-service is preferred
- It produces an official certificate of service (or non-service),
- It is designed specifically for cross-border judicial documents,
- It minimizes later arguments that “the defendant never knew about the case.”
A crucial Turkey-specific detail (important for inbound service)
Turkey has made key declarations under the Hague Service Convention, including:
- diplomatic/consular agents may serve only their own nationals under Article 8, and
- Turkey opposes the service methods in Article 10 (postal channels and certain alternative routes).
These declarations matter most when other states serve documents into Turkey, but they also show Turkey’s policy preference: formal, authority-to-authority service rather than informal postal shortcuts.
6) Step-by-Step: Serving a Foreign Defendant Abroad From a Turkish Court (Practical Workflow)
While details vary by country, the “gold-standard” workflow looks like this:
Step 1 — Confirm the defendant’s exact address abroad
This is the single biggest determinant of success.
Best practice:
- obtain a full address with postcode,
- include apartment/unit numbers,
- write the country name clearly,
- use Latin characters if the destination authority requires it,
- and if the defendant has multiple addresses, consider requesting service to more than one.
A surprising number of international service attempts fail because the address is missing one line that local postal systems treat as essential.
Step 2 — Determine the applicable treaty / channel
Typically:
- Hague Service Convention country → use Hague request mechanism,
- non-Hague country → diplomatic/reciprocity channel, often slower and more document-heavy.
Step 3 — Prepare the service package (documents + forms)
DIABGM’s official guidance for serving a foreign national abroad emphasizes:
- Translations: The Turkish document and the relevant treaty form should be translated into the required foreign language; DIABGM explicitly notes it has no translation bureau and translations should not be requested from the Ministry.
- Seals and signatures: Each page of the Turkish original should be signed and officially stamped; if a certified copy is served, it must include an “as true copy” annotation with the officer’s name/title/signature.
- Avoid irrelevant attachments: Do not send unrelated paperwork (e.g., translator handover minutes, internal correspondence about translation).
DIABGM also provides country-by-country notes (for example, for Germany and the United States it references the need for the “184 form” plus multiple copies in Turkish + the destination language).
Step 4 — Pay the required costs (postage + foreign authority fees)
Turkey’s annual official “communiqué” sets standardized outgoing postage costs.
For 2025, the official notice published in the Official Gazette states that, when the Ministry or foreign missions are involved, the postage fee per request is:
- 300 TL for the TRNC (KKTC)
- 525 TL for other countries
It also distinguishes between:
- service under Notification Law Article 25/A (consular service for Turkish citizens abroad), where the postage fee is deposited to the “Muhtelif Gelirler” account,
- and other service requests, where documents may be sent directly to the foreign competent authority, and if the Ministry/missions are not used, the standardized postage fee is not required.
Separately, some destination countries require additional service fees (paid in the foreign currency and/or to a specified institution). The 2025 communiqué provides country-specific examples—e.g., for the United States, a $95 fee and payment/forwarding details are described.
Finally, DIABGM’s guidance stresses: if the destination country requires a separate fee, proof of payment must be included in the package.
Step 5 — Transmission and waiting for the certificate
Once transmitted through the correct route:
- the foreign authority attempts service,
- then returns an official certificate confirming service, the method used, and the date—or explaining why service failed.
That certificate is what Turkish courts typically rely on to confirm that service was valid and deadlines should begin.
7) What If Service Fails? Common Reasons and Fixes
Service abroad often fails for avoidable reasons. Typical failure patterns include:
1) “Address insufficient / unknown”
Fix:
- request updated address information,
- provide more detail (unit number, postcode),
- consider alternate addresses,
- or request formal address research if possible.
2) Missing or incorrect translation
Fix:
- translate the served documents and required forms into the correct language (or the language accepted by the destination authority),
- ensure translator certification if required locally.
DIABGM’s guidance is clear: translations must be arranged by the requesting side; the Ministry is not a translation service.
3) Wrong form or wrong number of copies
Fix:
- follow country-specific instructions (often requiring multiple sets).
DIABGM’s country notes illustrate how some jurisdictions require documents and forms in two languages and in multiple copies.
4) Fees not paid correctly
Fix:
- pay exactly as required (correct amount, correct recipient, correct reference notes such as the defendant’s name and case file number),
- attach proof of payment to the request.
8) Address Unknown: Service by Publication Is a Last Resort, Not a Shortcut
Many plaintiffs ask: “If the defendant is abroad, can we simply serve by publication?”
Turkish law permits service by publication only where the address is truly unknown after due diligence.
Notification Law Article 28 defines when an address is considered unknown and requires the issuing authority to ask relevant institutions and offices and to have investigations performed (including via law enforcement where necessary).
Special rule when the person is abroad
Article 28 adds an important extra safeguard: if publication service is required for a person residing abroad, the court must also send the documents and publication copies to the person’s last known address abroad by registered mail, and keep the postal receipt in the case file.
Yargıtay’s approach: “Try real address research first”
Turkish appellate practice is strict on this point. For example, the Court of Cassation (Yargıtay) has emphasized that foreign authority-based address research should be attempted first, and only if the address cannot be determined should publication service be used.
Practical meaning:
If the file shows you knew the defendant lived abroad, and you rushed into publication service without genuine address research efforts, you are creating a serious vulnerability for appeal.
9) Foreign Companies: Can You Serve a Branch or Representative in Turkey Instead?
This is one of the most misunderstood areas.
A foreign company may have:
- a registered office abroad,
- a branch or liaison in Turkey,
- local distributors,
- a Turkish agent,
- or a Turkish counsel who previously acted for them.
Whether you can serve domestically depends on facts and legal characterization. In practice:
- If there is a properly registered branch in Turkey and the dispute is connected to the branch’s operations, domestic service to the branch may sometimes be procedurally accepted.
- If the Turkish presence is informal (distributor, “contact person,” marketing company), serving them may not satisfy due process requirements.
When in doubt, the safest approach is often:
- serve domestically if there is a clearly valid legal representative/address in Turkey, and
- simultaneously initiate international service to the registered office abroad, to eliminate later objections.
10) Timing Strategy: How Plaintiffs Manage the Long Service Period
International service can be slow. While you are waiting:
- Consider whether you can seek interim measures (injunctions, attachments) where legally available and justified by urgency (these are fact-specific and must be used responsibly).
- Make sure limitation/timeout concerns are addressed: filing the case and taking correct procedural steps is essential, but avoid procedural inactivity that might trigger other risks.
- Keep the file “clean”: every attempt, return, and correction should be documented so that later you can prove diligence and good faith.
11) The Defendant’s Perspective: How Foreign Defendants Challenge Service in Turkey
If you represent the foreign defendant, common lines of defense include:
- Irregular service (usulsüz tebligat): arguing that the method used violated Notification Law or treaty requirements.
- Lack of genuine notice: showing that the defendant never actually learned of the proceedings due to flawed service attempts.
- Improper publication service: where address research obligations were skipped (often a strong argument when the defendant is demonstrably reachable abroad).
At the same time, Notification Law Article 32 states that even if service was not performed correctly, it may still be considered effective if the addressee actually learned of it; the date the addressee declares can become the service date.
This often turns “service fights” into evidence fights: when did the defendant truly learn of the lawsuit?
12) A Practical Checklist for Lawyers Filing in Turkey Against a Foreigner
Use this as a pre-filing and early-stage checklist:
Address & identity
- Full name (as on passport/registry)
- Date of birth (if available)
- Full postal address with postcode
- Alternative addresses
- Company registration number and registered office (for companies)
Service route
- Destination country is Hague Service Convention party? (Yes/No)
- Any special language requirement?
- Any special fee requirement?
- Court’s preferred transmission channel
Documents
- Claim petition and attachments (clean, paginated)
- Court cover letter / request
- Hague/DIABGM forms as required (e.g., “184 form” in DIABGM practice)
- Translation set (by sworn translator where appropriate)
- Proper stamps, signatures, “true copy” annotation if copies are served
Fees
- 2025 postage advance where applicable (300 TL TRNC / 525 TL others)
- Country-specific additional fees and proof of payment
If address is uncertain
- Document address research efforts
- Use official inquiries where possible
- Treat publication service as last resort; comply strictly with Article 28 obligations
FAQ
Can I serve a foreign defendant by email or WhatsApp?
Turkish courts generally require service to follow statutory/treaty methods. Even if a defendant receives documents informally, that is not automatically “valid service” for starting procedural deadlines. Informal delivery may still matter as evidence of actual knowledge (depending on the case), but it should not replace formal service.
Is postal service (DHL/registered mail) enough?
For cross-border litigation, the safest route is an official authority-based service method that produces a formal certificate. Turkey’s Hague declarations also reflect a strict approach to postal-channel service within the Convention framework.
If the defendant is abroad, can I immediately request service by publication?
Not safely. Article 28 requires genuine address research, and Yargıtay practice expects foreign-authority address research efforts before publication service.
What are the current official costs in 2025?
The 2025 Official Gazette communiqué sets standardized postage at 300 TL (TRNC) and 525 TL (other countries) where the Ministry/missions are involved, and also details additional country-specific fees in some cases.
Conclusion
When you file a lawsuit in Turkey against a foreign defendant, the biggest early risk is not the merits—it is service of process. The correct approach is systematic:
- secure a complete foreign address,
- choose the treaty-based official channel where possible,
- prepare properly stamped documents and accurate translations,
- pay the correct fees with proof, and
- treat publication service as a true last resort, following Article 28 strictly.
Handled correctly, international service becomes a controlled process. Handled casually, it becomes the reason your case stalls—or your judgment collapses years later.
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