Enforcement Proceedings in Turkey After the Assignment of a Cross-Border Receivable

yazarı lawyerfbc

açık Ocak 15, 2026

1) Introduction: Why “Assignment + Enforcement in Turkey” Is a High-Friction Combination

Receivables move. In international trade and finance, a claim that originally belonged to a seller, contractor, lender, or service provider can be transferred to a third party—an affiliated group company, a factoring entity, a fund, or a special purpose vehicle. This transfer (assignment / temlik / alacağın devri) is often done for liquidity, risk management, portfolio sales, internal restructuring, or settlement engineering.

When the debtor—or the debtor’s attachable assets—are in Turkey, the assignee’s first instinct is usually to use Turkish enforcement proceedings (icra takibi) to collect quickly. That is sensible: Turkish enforcement can be fast if the file is built correctly and the procedural route matches the evidence.

The problem is that assignment is not just a “business event.” It is a standing event. The moment the creditor changes, the debtor and the enforcement system will ask:

Who is the real creditor now?
Is the assignment valid and provable?
What defenses can the debtor raise against the assignee?
How does cross-border service work if the debtor is abroad?
Do we need to post security because the assignee is foreign?

This article is a practice-oriented roadmap for enforcement in Turkey after the assignment of a receivable with a foreign element, drafted in a structured way so you can use it as a checklist, a strategy guide, and an internal training resource.

Legal information notice: This is general professional content, not case-specific advice.

2) Definitions and Scope: What Exactly Are We Enforcing?

2.1 What is a “cross-border receivable” (foreign element)?

A receivable has a foreign element when at least one significant connecting point is foreign, such as:

the assignor or assignee is foreign,
the debtor is foreign or located abroad,
the underlying contract is governed by foreign law,
performance place/payment currency/bank route is abroad,
evidence (invoices, agreements, acknowledgements) is issued abroad,
securities or collateral sit across borders.

2.2 Assignment (temlik) vs. other transfers

Do not confuse:

Assignment of receivable: transfer of the claim right (creditor changes).
Transfer of contract: transfer of an entire contract position (rights + obligations); often needs counterparty consent.
Subrogation: legal replacement of a creditor by operation of law (common in insurance/surety).
Novation: extinguishing and recreating obligations (rarely intended, often accidentally argued).

For Turkish enforcement, misclassification causes predictable disasters: standing objections, wrong evidence set, wrong procedural route.

2.3 What “enforcement” means here

This article focuses on:

Non-judgment enforcement (ilamsız icra) for ordinary monetary claims,
Negotiable instrument enforcement (kambiyo) when applicable,
Judgment-based enforcement (ilamlı icra) after a Turkish judgment, or after recognition/enforcement of foreign judgments/awards (when required),
Related urgent measures such as provisional attachment (ihtiyati haciz) where relevant.

3) Turkish Substantive Law Basics: What Assignment Changes—and What It Does Not

Turkish assignment rules are largely structured around two ideas:

The creditor can transfer a receivable by meeting legal form/validity rules.
The debtor must not be unfairly worsened by the transfer; therefore, debtor defenses survive.

3.1 Form and validity: treat the assignment document as “enforcement evidence”

In practice, the assignment agreement is not merely a contractual instrument—it becomes the assignee’s “passport” in the enforcement file. Weak assignment documents lead to immediate standing objections.

A robust assignment instrument should clearly show:

identity of assignor and assignee (legal names, registration data),
signature authority (who signed and why they can),
the receivable(s) assigned (unique identification, amount, currency, maturity, underlying contract/invoices),
whether accessories/security rights are included,
date of assignment and whether it includes past/future ancillary rights,
governing law and dispute resolution (useful later in court stage).

3.2 Debtor defenses survive: the assignee inherits the claim “as is”

Assignment does not sanitize the receivable. The debtor can typically raise against the assignee the defenses it could have raised against the assignor (subject to timing and knowledge rules). In cross-border enforcement, this matters because debtors often respond to a payment order with:

set-off arguments (takas),
non-performance/defective performance,
limitation,
partial payment,
price adjustments/credits,
penalty/interest disputes,
fraud/duress arguments (rare but disruptive).

Practical takeaway: Before filing enforcement, the assignee should perform a “defense audit” of the underlying relationship. If the receivable is disputed, plan for objection litigation (itirazın iptali / itirazın kaldırılması) from day one.

3.3 Notice to debtor: not always a strict validity requirement, but always a risk control tool

Even when the law does not make notice a strict condition for the assignment’s validity between assignor and assignee, notice is essential for:

preventing the debtor from paying the old creditor in good faith,
reducing “I didn’t know” defenses,
strengthening the assignee’s credibility at the first objection stage,
aligning payment instructions and collection channels.

Cross-border notice should be drafted carefully, with proof of delivery and language strategy.

4) Conflict of Laws and the Foreign Element: Which Law Governs What?

Assignment creates a triangle:

Assignor ↔ Assignee (the assignment contract),
Debtor ↔ Assignor (the underlying debt relationship),
Debtor ↔ Assignee (effects of assignment on debtor).

In real files, these may point to different laws. The assignment contract may choose one law; the underlying contract may choose another; the debtor-facing effects may trigger additional analysis when the debtor is abroad.

Practical rule for enforcement planning

Even if foreign law is relevant on the merits, Turkish enforcement is governed by Turkish procedural rules. This means:

your documents must be in enforceable format for Turkish practice,
your service must comply with Turkish international service channels,
your standing must be clear in a way that can survive debtor objections in Turkish courts.

If you expect the matter to go to court after an objection, prepare early for:

proof of foreign law content (expert opinions),
translations,
conflict-of-laws arguments tied to the exact disputed issue (not generic).

5) Choosing the Correct Enforcement Route After Assignment

5.1 Non-judgment enforcement (ilamsız icra): the default route

This is the primary route for invoices, loans, services, and commercial debts without a Turkish judgment. It is fast until the debtor objects. After objection, the creditor must move into court-supported procedures.

When assignment is involved, non-judgment enforcement is usually viable if:

the underlying claim is documentable,
the assignment chain is clean,
service is manageable.

5.2 Negotiable instrument enforcement (kambiyo): powerful but unforgiving

If the receivable is represented by a negotiable instrument (such as a promissory note), specialized enforcement can provide speed and pressure. However, cross-border issues often trigger:

signature authenticity disputes,
authority disputes,
form defects,
translation and service complexity.

Assignment adds another layer: you must show that the instrument-based claim is enforceable in the assignee’s name (endorsement/transfer mechanics, possession issues, and the instrument’s own transfer rules).

5.3 Judgment-based enforcement (ilamlı icra): the cleanest track if you have a Turkish judgment

If you already have a Turkish judgment in the assignee’s favor, enforcement is usually more direct. But in cross-border portfolios, you may have:

foreign judgments,
foreign arbitral awards,
settlement agreements,
notarized instruments from abroad.

These typically require separate recognition/enforcement steps in Turkey before execution becomes possible, depending on the instrument type.

6) Standing After Assignment: How to Make the Enforcement Office and the Court Comfortable

In practice, standing is attacked in predictable ways. The assignee should build the file so that standing objections look weak from the first page.

6.1 Make the receivable identification impossible to misunderstand

Avoid generic statements like “all receivables are assigned.” Instead:

identify the underlying contract (date, parties),
identify invoice numbers or account statement lines,
show how principal + interest is calculated,
show maturity dates and default date,
confirm currency and payment channel.

For portfolio assignments, attach a schedule that maps receivable identifiers clearly.

6.2 Prove signature authority like a litigator, not like a banker

Cross-border assignments frequently fail in Turkey because the debtor says:

“The signatory did not have authority,” or
“This is not properly executed,” or
“It’s a scanned signature,” or
“The corporate entity is not proven.”

The solution is not argument—it is evidence:

updated commercial registry extracts,
signatory circulars/resolutions,
notarization/apostille where appropriate,
consistent names and registration numbers.

6.3 Chain-of-title must be complete for multi-layer transfers

If there are multiple assignments:

originator → intermediary → fund → assignee,
your file must include the chain without gaps. A missing link invites a standing objection that can delay collection months.

Best practice: prepare a “chain binder”:

a one-page chain summary,
each assignment agreement,
each receivable schedule excerpt,
authority proof for each link,
translation/audit consistency check.

7) Foreign Assignee Risk: Security for Costs (Teminat) and Its Strategic Impact

A foreign person/entity initiating proceedings in Turkey may be required to provide security to cover costs and potential damages, subject to exemptions (treaty/reciprocity scenarios can matter).

Why this matters operationally

It affects timing: you might need to deposit security before moving forward.
It affects budgeting: clients should know early.
It affects urgency tactics: in asset flight risk cases, counsel must consider whether provisional measures are needed and how to sequence them.

Strategic tip: Evaluate security exposure before filing, not after the enforcement file is opened.

8) Cross-Border Document Engineering: Apostille, Legalization, Translation, Consistency

Assignment files frequently include foreign documents:

assignment agreements signed abroad,
invoices issued abroad,
delivery/acceptance records in foreign language,
bank confirmations,
corporate documents.

8.1 Apostille/legalization planning

If a document must be used as official evidence in Turkey, plan:

apostille (for relevant jurisdictions),
consular legalization if apostille is not available,
Turkish sworn translation,
and ensure all stamps/signatures are consistent.

8.2 Translation is not cosmetic; it is evidence

Bad translations create contradictions:

wrong party names,
wrong dates,
wrong currency wording,
mistranslated legal terms (“assignment” vs “transfer of contract”).

Use a consistent glossary:

assignor / assignee,
receivable / claim,
debtor / obligor,
maturity / due date,
interest terms,
acceleration.

9) Service of the Payment Order Abroad: The Timeline Trap Nobody Budgets For

If the debtor is abroad, service is not a simple mail event. It is a structured procedure routed through international channels and Turkish authorities.

9.1 Why service abroad is a major project

Because service controls:

when the objection deadline starts,
whether enforcement actions are valid,
whether later court decisions can be attacked for lack of service.

9.2 Practical planning checklist for service abroad

Confirm debtor’s current address (do not rely on old contracts).
Identify whether the target country is within international service frameworks applicable to Turkey.
Determine translation requirements for service packages.
Build realistic time expectations for the service cycle.
Preserve proof of service in a format usable for court stages.

Best practice: Build service planning into your enforcement timeline from the first day.

10) Notice of Assignment: A Practical Tool That Prevents Avoidable Defenses

A high-quality notice of assignment should do four things:

Identify the assignment clearly (date, parties).
Identify the receivable clearly (contract/invoice references).
Redirect payment instructions (bank details and reference line).
Preserve evidence (service proof + delivery records).

10.1 Language strategy for notice

If the debtor is foreign or operated by foreign management, send:

Turkish version (for Turkish procedural comfort), and
English (or debtor’s operational language) for practical comprehension.

10.2 “Do not pay the old creditor” messaging

This must be drafted professionally—firm but non-threatening. The point is to eliminate good-faith payment arguments and create a clean record.

11) Debtor Objections After Assignment: What You Will Actually Face

In Turkish non-judgment enforcement, the debtor can object and stop the process. After assignment, objections typically cluster around four categories:

11.1 Standing/authority objections

“You are not the creditor.”
“Assignment is invalid.”
“Signatory had no authority.”
“Receivable is not identified.”

11.2 Underlying merit objections (defenses inherited from assignor)

“I do not owe this amount.”
“Goods/services were defective.”
“There is set-off.”
“The claim is time-barred.”
“Payment/partial payment exists.”

11.3 Non-assignment clause objections

The debtor may argue that the underlying contract prohibits assignment, therefore the assignment is ineffective or creates defenses.

11.4 Service defects

If service was abroad or complex, the debtor may attack:

the channel,
translation,
address accuracy,
completeness of the served package.

12) Responding to Objection: Picking the Right Post-Objection Path

After objection, the creditor typically needs to proceed via:

annulment of objection lawsuit (itirazın iptali), or
removal of objection (itirazın kaldırılması) where the evidence meets strict criteria.

12.1 The “evidence fit” test

Many assignees assume the assignment agreement alone is enough. It usually is not. You must still prove the underlying debt in a form that fits the procedural path you choose.

Practical approach:

If you have strong written evidence of the debt (signed acknowledgements, clear contracts, delivery/acceptance records), you may have stronger options.
If the debt is invoice-based with likely dispute, plan for a full annulment lawsuit and align evidence accordingly.

12.2 The key assignment-specific issue in court

When the case moves to court, the assignee must prove:

the underlying debt exists,
it became due and unpaid,
the debtor’s defenses are unfounded,
and the assignee is the rightful creditor (valid assignment + chain + authority).

13) Mid-Proceeding Assignment: What If the Claim Is Assigned After Enforcement Started?

This is common in portfolio sales: an enforcement file is opened by the original creditor, then sold to a fund.

13.1 The procedural risk

If handled poorly, the debtor can exploit the transition:

claiming the wrong party is pursuing,
challenging payment redirection,
raising confusion about who can make procedural moves.

13.2 Best practice

Notify the enforcement office promptly and properly.
Document the assignment and chain.
Update representation and payment instructions.
Ensure the debtor is clearly informed to prevent discharge disputes.

The goal is continuity: the file should look like a seamless creditor succession, not a messy ownership conflict.

14) Foreign Currency Receivables: Interest, Exchange Risk, and Calculation Discipline

Cross-border receivables often involve USD/EUR/GBP. Turkish enforcement practice can become contentious over:

whether the claim is pursued in foreign currency or TL equivalent,
what exchange rate is applied and on which date,
default interest rate and its basis,
contractual interest vs statutory interest debates.

14.1 Calculation sheet is not optional

Prepare a clear calculation table:

principal by currency,
due dates,
interest type and rate,
interest start date,
exchange conversion logic (if any),
total as of filing date.

A clean calculation reduces objection strength and supports court credibility.

15) Provisional Attachment (İhtiyati Haciz) After Assignment: When Speed Is Everything

If there is real risk of asset flight, the assignee may consider provisional attachment before or alongside enforcement.

15.1 Assignment-specific challenge

The assignee must show standing strongly because provisional measures are granted based on:

plausibility of claim,
urgency/risk,
and legal entitlement.

A sloppy assignment chain can sink a provisional attachment request, even if the underlying debt is strong.

15.2 Sequence planning

In urgent cases:

fix documentation and authority proof first,
then choose the quickest protective route,
then launch enforcement with a service plan.

16) Non-Assignment Clauses: How to Think Like a Turkish Litigator

Non-assignment clauses appear everywhere in international contracts. They can be drafted in many ways:

absolute prohibition,
prohibition without consent,
prohibition for security assignment only,
prohibition for portfolio sale but not intra-group transfers,
or “breach creates liability but does not invalidate assignment.”

Practical litigation mindset

Do not assume a non-assignment clause is irrelevant. Evaluate:

the exact wording,
whether it aims at validity or only contractual liability,
whether the debtor relied on it,
whether consent was obtained or waived,
whether the clause interacts with governing law and public policy.

Then decide whether you should:

obtain debtor consent,
structure as a different transfer (e.g., payment direction/collection mandate),
or prepare to litigate the clause’s effect.

17) Enforcement File Build: A Step-by-Step Operational Checklist

Step 1 — Pre-filing due diligence (the “defense audit”)

Confirm debt basis, maturity, default.
Identify potential debtor defenses.
Verify limitation risks.
Confirm debtor assets/jurisdiction approach in Turkey.

Step 2 — Build the assignment evidence bundle

Assignment agreement (clean, signed, authority proven).
Receivable identification schedule.
Chain-of-title if multiple transfers.
Corporate extracts + signatory evidence.
Translation and authentication completed.

Step 3 — Build the underlying debt evidence bundle

Underlying contract and annexes.
Invoices, delivery/acceptance, performance proofs.
Payment history and outstanding balance statements.
Demand/notice of default (if useful strategically).

Step 4 — Notice of assignment to debtor (recommended)

Draft bilingual notice.
Deliver via method that produces strong evidence.

Step 5 — Choose enforcement route and file

Non-judgment enforcement as default.
Kambiyo route only if the instrument transfer mechanics are perfect.
Consider provisional attachment if asset risk exists.

Step 6 — Service planning

Domestic service: ensure debtor address accuracy.
International service: plan channels, translations, time.

Step 7 — Objection response plan

Pre-draft your post-objection litigation outline.
Decide forum and evidence expansion plan.
Prepare to request objection annulment/removal depending on evidence fit.

18) Drafting Tips: How to Write the Enforcement Narrative as an Assignee

Even though enforcement filings are not “pleadings” in the full sense, clarity reduces disputes.

18.1 The “three sentences” that should appear in every assignee file

The underlying relationship and why the debtor owes money.
The assignment event and why the assignee is now the creditor.
The calculation summary (principal + interest + maturity + current total).

18.2 Avoid typical drafting mistakes

vague receivable description (“all claims” with no identifiers),
missing authority proof,
inconsistent party names across translated documents,
conflicting totals between invoices and calculation sheets,
filing before service planning is complete for a foreign debtor.

19) Practical Scenarios and How Strategy Changes

Scenario A: Assignor foreign, debtor Turkish, assets in Turkey

Standing proof and translation are central.
Service is domestic, usually faster.
Security for foreign assignee may be relevant.

Scenario B: Debtor abroad, but assets in Turkey (real estate, bank accounts, shares)

Service abroad becomes the time bottleneck.
Consider protective measures if asset flight is possible.
Evidence bundle must be “court-ready” because objection disputes will likely be litigated.

Scenario C: Portfolio sale with multiple assignments

Chain-of-title is the battlefield.
Invest in a clean chain binder and consistent translation.
Expect standing objections even if debtor actually owes.

Scenario D: Receivable tied to complex performance (construction, software, long-term services)

Debtor defenses (defects, delays, counterclaims) are likely.
Plan for a merits dispute; enforcement is the entry point, not the end.

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