How Can a Foreigner Recover Money Lent to a Person in Türkiye Who Refuses to Repay?

A foreign national lends money to a friend, business partner, romantic partner, relative or another person living in Türkiye.

The transaction may initially appear simple.

The borrower says:

“I need EUR 50,000 for a few months. I will repay you in September.”

The foreign lender transfers the money to the borrower’s Turkish bank account.

Months later, however, repayment does not occur.

The borrower may initially make excuses:

“I need another week.”

“My property will be sold next month.”

“My company has a temporary cash-flow problem.”

Then the borrower stops answering calls.

In some cases, the borrower denies that the money was ever a loan.

They may claim:

• the money was a gift;
• the transfer was repayment of an old debt;
• the money was for a joint investment;
• the foreigner sent it voluntarily during a relationship;
• the amount has already been repaid;
• or there was never any agreement requiring repayment.

What can the foreign lender do?

Turkish law provides several important debt-recovery mechanisms.

Depending on the evidence and circumstances, the foreign creditor may:

1. send a formal demand for repayment;
2. initiate non-judgment enforcement proceedings (ilamsız icra takibi);
3. file a direct debt collection lawsuit;
4. file an action for annulment of objection (itirazın iptali davası) if the borrower objects to enforcement;
5. request removal of objection (itirazın kaldırılması) where the creditor has one of the specific documents recognised by the Enforcement and Bankruptcy Law;
6. request a provisional attachment (ihtiyati haciz) against the borrower’s bank accounts, vehicles, real estate or receivables where the statutory conditions are satisfied;
7. claim contractual or default interest;
8. pursue the debt in USD, EUR or another agreed foreign currency where legally appropriate;
9. and, where the borrower obtained the money through fraudulent conduct from the outset, file a criminal complaint in addition to civil debt collection proceedings.

The foreign lender does not need to be a Turkish citizen.

A foreign person can pursue a borrower and the borrower’s assets through the Turkish legal system.

However, there are several important procedural rules that foreign creditors must understand.

What Is a Loan Agreement Under Turkish Law?

A money loan between private persons is generally classified as a consumption loan agreement (tüketim ödüncü sözleşmesi) under Articles 386 and following of the Turkish Code of Obligations No. 6098.

Article 386 defines a consumption loan as a contract under which:

• the lender transfers a certain amount of money or another consumable asset to the borrower;
• and the borrower undertakes to return the same quantity and quality of that type of asset.

In a money-loan transaction, the borrower does not have to return the exact banknotes received.

The legal obligation is to repay the amount owed according to the agreement.

A loan agreement can therefore arise where a foreign lender:

• transfers EUR 100,000;
• sends USD 50,000;
• pays money into the borrower’s Turkish account;
• or hands over money under a legally provable agreement requiring repayment.

Does a Personal Loan Agreement Have to Be in Writing?

A simple consumption loan is not generally subject to a special statutory form requiring a notarised contract merely for its validity.

This means an oral loan can legally exist.

However:

proving an oral loan can be extremely difficult.

This distinction is essential.

A foreign lender may genuinely have given the borrower money as a loan.

But Turkish courts still need evidence establishing that:

the money was a loan and not a payment, gift, investment or another type of transfer.

Therefore, the practical question is often not:

“Was there really a loan?”

but:

“Can the lender prove there was a loan?”

Why Is the Bank Transfer Description Extremely Important?

This is perhaps the single most important evidentiary issue in personal loan disputes.

Turkish Court of Cassation jurisprudence treats a bank transfer, in principle, as a payment instrument.

In other words, where money is sent through a bank with no explanation, the legal presumption is not automatically:

“The sender was lending money.”

Instead, the transfer may be presumed to have been made to pay an existing obligation.

The person claiming that the transfer was actually a loan must prove the contrary.

The Court of Cassation General Assembly of Civil Chambers reaffirmed this principle in its 6 June 2024 decision, explaining that where a transfer document does not state that money was sent as a loan, the sender bears the burden of proving that it was not merely payment of an existing debt.

This rule can completely determine the outcome of a case.

What Should Be Written in the Bank Transfer Description?

Where money is genuinely being lent, the transfer description should make that purpose clear.

Examples include:

“Personal loan – repayment due 30 September 2026”

“Loan to Mr. X – USD 50,000”

“Borç para”

“Loan under agreement dated 01.09.2026”

A recent Court of Cassation decision demonstrates the importance of this wording.

In Court of Cassation 3rd Civil Chamber, E. 2023/5491, K. 2024/3316, the transfer contained wording showing that the money had been sent as “borç”, meaning a loan/debt.

The Court accepted that this explanation supported the lender’s allegation that a loan relationship existed and placed the burden on the opposing party to establish the contrary.

By contrast, a 2026 Court of Cassation decision again rejected a loan claim where the transfer records contained no loan explanation and the claimant could not otherwise prove the alleged loan relationship.

This is an exceptionally important practical rule for foreigners lending money in Türkiye.

Is a Transfer with No Description Fatal to the Case?

No, but it creates a much harder evidentiary problem.

The lender may still rely on other evidence, such as:

• written loan agreement;
• signed debt acknowledgment;
• promissory note;
• WhatsApp messages;
• emails;
• SMS messages;
• borrower admissions;
• payment-plan documents;
• witness evidence where legally admissible;
• partial repayments;
• or documents showing the economic context.

For example, the borrower may write:

“I know I owe you the USD 80,000 you lent me. I will pay USD 20,000 next month.”

That message can become extremely important.

However, vague conversations are not necessarily enough.

In several recent decisions, the Court of Cassation rejected loan claims where unexplained bank transfers were combined with ambiguous social-media or WhatsApp conversations that did not clearly establish that the specific amounts had been given as a loan.

Therefore, evidence should link the specific transfer to the repayment obligation as clearly as possible.

What Is the Strongest Evidence of a Loan?

The strongest cases usually contain several overlapping forms of evidence.

For example:

• signed loan agreement;
• bank transfer stating “loan”;
• agreed repayment date;
• borrower’s signed acknowledgment;
• WhatsApp confirmation;
• and evidence of partial repayments.

A particularly useful document is a written acknowledgment such as:

“I confirm that I received USD 100,000 from Mr. X as a loan and shall repay the amount by 1 December 2026.”

A notarised debt acknowledgment can create an even stronger enforcement position.

The form of the document also affects whether the creditor can use the special removal of objection procedure under Article 68 of the Enforcement and Bankruptcy Law.

What If No Repayment Date Was Agreed?

This is regulated by Article 392 of the Turkish Code of Obligations.

If:

• no specific repayment date was agreed;
• no contractual notice period was agreed;
• and the parties did not agree that the loan would become due immediately upon demand,

the borrower is generally not required to repay until six weeks have passed from the lender’s first demand for repayment.

This creates an important practical rule.

Suppose the foreign lender says:

“I lent EUR 70,000 but we never discussed a repayment date.”

The lender should ordinarily first make a clear demand.

For evidentiary purposes, this may be done through a notarial notice.

The notice can state:

• amount lent;
• transfer date;
• legal basis;
• request for repayment;
• bank account for repayment;
• and reservation of all legal rights.

The six-week period under Article 392 can then be calculated with reliable evidence of when the demand was received.

What If a Specific Repayment Date Was Agreed?

The creditor’s position is generally simpler.

For example:

Loan: USD 100,000

Repayment date: 1 August 2026

If the borrower does not pay on the agreed date, the debt is due and collection proceedings can begin.

The lender should nevertheless preserve the document proving the maturity date.

Can Interest Be Charged on a Personal Loan?

This requires an important distinction.

Article 387 of the Turkish Code of Obligations provides that in a non-commercial consumption loan, interest cannot generally be demanded unless the parties agreed on interest.

By contrast, in a commercial consumption loan, interest may be demanded even where the parties did not expressly agree on it.

Therefore:

Private personal loan

If one friend lends another friend TRY 500,000, ordinary contractual interest generally requires an agreement.

Commercial loan

If the transaction is commercial in nature, different rules may apply.

This distinction concerns contractual loan interest before default.

Default interest after the debt becomes due is a separate question.

What Is the Current Statutory Interest Rate in Türkiye?

Under Presidential Decision No. 8485, the statutory legal interest rate regulated under Law No. 3095 has been applied at 24% annually from 1 June 2024.

The applicable interest in a particular debt-recovery case depends on:

• whether contractual interest was agreed;
• whether the transaction is commercial;
• date of maturity;
• date of default;
• currency of the debt;
• and whether another statutory interest regime applies.

Therefore, the creditor should not automatically add 24% to every loan from the original transfer date.

The nature and commencement date of the interest claim must be legally determined.

What If the Loan Was in USD, EUR or GBP?

Foreign-currency loans are common where the lender is a foreign national.

Turkish law specifically regulates foreign-currency debts.

Article 99 of the Turkish Code of Obligations provides that where a debt is agreed in a foreign currency and the contract does not contain an “exact payment in that currency” clause or equivalent wording, the debtor may generally have the statutory option to pay the Turkish-lira equivalent according to the applicable rules.

Where a foreign-currency debt is not paid at maturity, the creditor may, under the statutory framework, request:

• payment in the foreign currency itself;
• or payment in Turkish lira according to the exchange rate at maturity or actual payment, within the conditions of Article 99.

Therefore, a foreign lender should preserve evidence that the loan was genuinely denominated in:

• USD;
• EUR;
• GBP;
• or another foreign currency.

What Interest Applies to a Foreign-Currency Debt?

Law No. 3095 contains a specific rule.

Article 4/A provides that where a higher contractual or default interest rate has not been agreed, the interest applicable to a foreign-currency debt is the highest interest rate paid by State banks on one-year deposit accounts in that currency.

Therefore, the interest calculation on a USD loan may be fundamentally different from the calculation on a Turkish-lira debt.

A creditor should identify:

• currency;
• maturity period;
• relevant dates;
• and applicable State-bank deposit rates

before preparing an enforcement claim.

What Is the Fastest Way to Collect the Debt?

Where the debt is clear and due, one of the most common methods is non-judgment enforcement (ilamsız icra takibi).

The foreign creditor does not necessarily have to obtain a final court judgment before starting ordinary enforcement for a money claim.

The creditor can submit an enforcement request identifying:

• creditor;
• debtor;
• amount;
• interest;
• legal basis;
• and supporting documents.

The enforcement office then issues a payment order to the debtor.

How Long Does the Borrower Have to Object to Ordinary Enforcement?

In an ordinary general attachment proceeding, the debtor generally has seven days from service of the payment order to object under Article 62 of the Enforcement and Bankruptcy Law.

A timely objection ordinarily stops the proceeding.

The debtor may say:

• “I do not owe this money.”
• “It was a gift.”
• “I already paid.”
• “The amount is incorrect.”
• “The loan is not due.”
• “The signature is not mine.”

Once a valid objection is made, the foreign creditor must take further legal action if collection is to continue.

What Happens If the Borrower Does Not Object?

If the ordinary payment order is validly served and the borrower does not make a timely objection, the proceeding can become final.

The creditor can then request attachment of the borrower’s Turkish assets.

These may include:

• bank accounts;
• salary;
• vehicles;
• real estate;
• company shares;
• receivables from third parties;
• movable assets;
• and other legally attachable assets.

This is why enforcement proceedings can be faster than filing a debt lawsuit first where the borrower does not genuinely dispute the debt.

What Is an Action for Annulment of Objection?

If the borrower objects, one option is an action for annulment of objection (itirazın iptali davası) under Article 67 of the Enforcement and Bankruptcy Law.

The creditor asks the competent court to determine that the debt exists and annul the debtor’s objection.

Article 67 provides that the action must be filed within one year from notification of the debtor’s objection to the creditor. The creditor proves the existence of the debt according to general evidentiary rules.

If the creditor succeeds, enforcement can continue.

Depending on the circumstances and the nature of the debt, enforcement denial compensation (icra inkâr tazminatı) of at least 20% may also become relevant where the statutory conditions are established and the creditor has requested it.

A lender should not assume that this compensation is automatic in every disputed loan case.

The debt’s liquidity and the nature of the objection matter.

What Is Removal of Objection?

A faster procedure can be available where the creditor holds one of the specific documents described in Article 68.

Under Article 68, a creditor may request definitive removal of objection within six months from notification of the objection where the claim is based on documents such as:

• a debt acknowledgment containing a signature admitted by the debtor;
• a debt acknowledgment with a notarised signature;
• or specified official receipts or documents.

This route is narrower than an Article 67 lawsuit.

A simple bank transfer receipt showing that money moved from the foreign lender to the borrower does not necessarily qualify as an Article 68 debt acknowledgment from the borrower.

It may be strong evidence in an ordinary court case, especially if the description states “loan,” but Article 68 has its own documentary requirements.

This distinction is important.

Should the Creditor Start Enforcement or File a Lawsuit Directly?

Both can be possible.

Enforcement first

Advantages can include:

• speed;
• pressure on debtor;
• opportunity to proceed rapidly if no objection is made;
• and earlier access to enforcement measures after finalisation.

Direct debt collection lawsuit

This may be preferable where:

• the borrower will certainly dispute the relationship;
• evidence requires extensive examination;
• expert evidence may be necessary;
• or the creditor wants a court judgment before enforcement.

The correct approach depends on the evidence and debtor’s asset position.

Which Court Handles a Private Loan Dispute?

Where the loan is an ordinary private relationship between individuals and does not have a commercial or another specialised character, the case will generally fall within the ordinary civil-court system.

Depending on the nature of the parties and transaction, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) may be competent.

Where the loan is commercial for the relevant parties, the Commercial Court of First Instance (Asliye Ticaret Mahkemesi) may instead have jurisdiction.

The parties’ status and purpose of the loan must therefore be examined before filing.

Is Mandatory Mediation Required?

Not every personal loan dispute requires mandatory mediation.

A purely private loan between two individuals does not become a commercial dispute merely because the amount is high.

However, if the dispute qualifies as a commercial case, mandatory mediation applies to specified commercial claims.

Law No. 7445 expanded Article 5/A of the Turkish Commercial Code so that commercial:

• monetary claims;
• compensation actions;
• actions for annulment of objection;
• negative declaratory actions;
• and restitution actions

fall within the mandatory mediation framework.

Therefore, whether mediation is required must be checked before filing the lawsuit.

Can the Foreign Creditor Request Provisional Attachment?

Yes, and this can be one of the most important remedies where there is a real risk that the borrower will hide or transfer assets.

Article 257 of the Enforcement and Bankruptcy Law provides that a creditor holding a due monetary claim that is not secured by a pledge may request provisional attachment of the debtor’s:

• movable assets;
• real estate;
• receivables;
• and other rights.

This can be strategically powerful.

For example:

A foreign lender is owed EUR 400,000.

The borrower begins advertising his apartment for sale and transferring company assets.

A normal lawsuit could take time.

A provisional attachment order may allow the creditor to secure assets while the underlying debt dispute continues.

Can Provisional Attachment Be Requested Before the Loan Is Due?

Only in limited situations.

Article 257 permits provisional attachment for an unmatured debt mainly where:

1. the debtor has no fixed residence; or
2. the debtor is preparing to hide, remove or transfer assets to avoid obligations, is preparing to flee, has fled, or engages in fraudulent transactions prejudicing creditor rights.

The creditor must present evidence sufficient to persuade the court regarding the claim and, where necessary, the provisional-attachment grounds.

Does the Foreign Creditor Have to Provide Security for Provisional Attachment?

Usually, yes.

Article 259 provides that a creditor requesting provisional attachment must generally provide security against potential losses suffered by the debtor or third parties if the attachment later proves unjustified.

Where the claim is based on a judgment, security is not required, while the court has discretion in specified cases involving judgment-equivalent documents.

This should be distinguished from a separate security issue that can apply simply because the creditor is foreign.

Does a Foreign Creditor Have to Provide Security to File a Lawsuit or Enforcement Proceeding in Türkiye?

Potentially, yes.

This is a rule many foreign creditors do not know.

Article 48 of the International Private and Procedural Law No. 5718 (MÖHUK) states that foreign natural and legal persons who:

• file a lawsuit in a Turkish court;
• intervene in a lawsuit;
• or initiate enforcement proceedings in Türkiye

must generally provide security determined to cover litigation/enforcement costs and possible losses of the opposing party.

However, Article 48 also requires exemption where reciprocity exists.

Reciprocity may arise through:

• an international treaty;
• bilateral arrangements;
• or recognised practical reciprocity under the applicable framework.

The Ministry of Justice expressly explains that the security obligation and reciprocity exemption must be examined according to the foreign claimant’s nationality.

Therefore, the correct advice is not:

“Every foreign creditor must always deposit security.”

Nor is it:

“Foreign creditors never need security.”

The creditor’s nationality and applicable international arrangements must be checked.

Can the Foreign Creditor Pursue the Debt While Living Outside Türkiye?

Yes.

The creditor does not have to move to Türkiye merely to recover a debt.

A foreign lender may generally appoint a Turkish lawyer through an appropriately issued power of attorney.

Depending on the country of issuance, the power of attorney may be executed through:

• a Turkish consulate;
• or a foreign notary with the required apostille/legalisation and certified translation formalities.

The lawyer can then:

• send formal notices;
• initiate enforcement;
• attend mediation;
• file lawsuits;
• request provisional attachment;
• locate assets through available enforcement mechanisms;
• and pursue collection.

What Assets Can Be Targeted After the Enforcement Becomes Final?

The creditor may seek legally permitted attachment against assets such as:

Bank Accounts

Turkish-lira and foreign-currency accounts can be attached.

Real Estate

Apartments, land and other registered properties can be attached and ultimately sold under enforcement rules.

Vehicles

Registered vehicles may be subject to attachment.

Salary

Wages can be partially attached within the statutory rules.

Receivables from Third Parties

If another person or company owes money to the debtor, the creditor may use third-party attachment mechanisms.

Company Shares

Certain company interests can be targeted according to the applicable enforcement procedures.

Movable Property

Legally attachable movable assets may also be pursued.

The practical collectability of a judgment or enforcement file depends heavily on whether the debtor has identifiable assets.

Can the Borrower Transfer Assets to Avoid Paying the Foreign Creditor?

A debtor may attempt to:

• transfer an apartment to a relative;
• sell a car cheaply to a friend;
• transfer company assets;
• empty bank accounts;
• or create artificial debts.

Such conduct can strengthen the case for urgent provisional attachment.

In appropriate circumstances, transactions made to prejudice creditors may also become subject to separate avoidance remedies under Turkish enforcement law.

Therefore, debt collection should not be delayed when there are clear signs of asset dissipation.

What Is the Limitation Period for a Loan Claim?

Under Article 146 of the Turkish Code of Obligations, claims are generally subject to a ten-year limitation period unless a special statutory period applies.

A standard claim for repayment of a consumption loan will therefore generally be analysed within this ten-year framework.

However:

the period does not necessarily begin on the date money was transferred.

The claim must first become due.

For example:

Loan given: 1 January 2024

Repayment agreed: 1 January 2027

The limitation analysis is linked to maturity of the repayment claim rather than mechanically to the original transfer date.

Where no repayment date exists, Article 392’s demand and six-week rule becomes important.

Does Sending a Notarial Notice Stop the Limitation Period?

A demand notice and interruption of limitation should not be treated as the same concept.

A notarial notice can be crucial for:

• making the debt due where Article 392 applies;
• placing the debtor in default;
• establishing evidence;
• and proving demand.

But limitation is interrupted only under the statutory rules governing interruption.

A creditor approaching the limitation deadline should therefore not rely solely on a demand letter where judicial or enforcement action is required to preserve the claim.

What If the Borrower Makes a Partial Payment?

A partial payment can be extremely important evidence.

For example:

Loan: EUR 100,000

Borrower later pays EUR 10,000 and writes:

“First instalment.”

This may help establish:

• existence of the loan;
• acknowledgment of the debt;
• and potentially have consequences for limitation periods.

All repayment descriptions should be preserved.

What If the Borrower Signs a Payment Plan?

A payment protocol can substantially strengthen the lender’s position.

A good repayment agreement may state:

• total admitted debt;
• currency;
• original loan date;
• instalment amounts;
• due dates;
• interest;
• consequences of default;
• address for service;
• and acknowledgment that the borrower received the original loan.

Where appropriate, notarisation or execution in a form that creates stronger enforcement rights should be considered.

A poorly drafted repayment plan can inadvertently create new disputes, so substantial debts should be documented professionally.

Can a Guarantor Be Pursued?

Potentially, where there is a valid guarantee.

However, Turkish law imposes strict formal requirements on personal guarantees.

A foreign lender should not assume that a WhatsApp message saying:

“If he does not pay, I will pay you”

necessarily creates an enforceable suretyship.

The validity of guarantees must be analysed under the applicable Turkish Code of Obligations requirements.

Is Failure to Repay a Loan a Criminal Offence?

Not by itself.

This distinction is essential.

A borrower does not commit fraud merely because:

• money was borrowed;
• financial circumstances deteriorated;
• and repayment was not made.

Ordinary non-payment is primarily a civil debt issue.

Turkish criminal fraud requires fraudulent conduct capable of deceiving the victim, together with unlawful benefit and economic loss.

The Court of Cassation Criminal General Assembly reiterates that fraud requires deceptive conduct, causation, unlawful benefit and loss.

Therefore:

“He borrowed money and did not repay”

is not automatically enough for a criminal conviction.

When Can Borrowing Money Become Fraud?

A criminal case may become appropriate where the borrower used deception from the beginning to obtain the money.

Examples may include:

• using a false identity;
• creating fake documents;
• falsely claiming ownership of property offered as security;
• presenting a fabricated company project;
• creating fake bank records;
• pretending to operate a business that does not exist;
• borrowing the same money from multiple victims through an organised scheme;
• or making false factual representations specifically designed to induce the lender to transfer money.

The key issue is generally whether there was fraudulent intent and deceptive conduct at the time the money was obtained, rather than merely a later failure to pay.

Recent criminal jurisprudence continues to distinguish ordinary civil disputes from schemes involving deliberate deception from the outset.

Should a Foreign Lender File a Criminal Complaint Just to Pressure the Borrower?

No.

Criminal proceedings should not be used merely as a collection threat where the facts show only a civil debt dispute.

A criminal complaint should be based on genuine evidence of fraud or another offence.

The ordinary legal mechanisms for unpaid loans are:

• demand;
• enforcement;
• provisional attachment;
• and civil litigation.

Where fraud genuinely exists, the criminal process may proceed in parallel.

Does a Criminal Complaint Recover the Money Automatically?

No.

A criminal investigation primarily determines criminal responsibility.

The foreign creditor should not wait for a criminal case to finish before protecting civil recovery rights.

If the debtor owns assets, an enforcement or provisional-attachment strategy may be considerably more important to actual collection.

Practical Example 1: Bank Transfer Clearly Says “Loan”

A foreign lender transfers USD 80,000 to a Turkish resident.

The transfer description says:

“Loan – repay by 30 September 2026.”

The borrower refuses repayment.

This creates a relatively strong evidentiary position.

The lender may send a formal notice and initiate enforcement.

If the borrower objects, the transfer description can become important evidence in an action for annulment of objection.

The Court of Cassation’s 2024 jurisprudence confirms that an express “borç” description on a bank transfer can materially support proof of the loan.

Practical Example 2: USD 100,000 Transfer with No Description

A foreign national sends USD 100,000 with an empty transfer description.

The recipient later denies that the money was a loan.

There is no written agreement.

Under Court of Cassation jurisprudence, the transfer alone does not automatically prove a loan because bank transfers are generally presumed to be payment instruments.

The foreign lender must find other legally sufficient evidence demonstrating the loan relationship.

Practical Example 3: WhatsApp Admission

The bank transfer has no description.

However, two days later the borrower writes:

“Thank you for lending me EUR 60,000. I will repay it in December.”

This can materially improve the lender’s position.

The authenticity, exact wording and connection with the specific transaction must still be established.

Practical Example 4: No Repayment Date

A foreign lender gives TRY 2 million.

The parties agree that it is a loan but never specify when repayment will occur.

The creditor demands repayment by notarial notice.

Article 392 provides that, absent another agreement, the borrower is not required to repay until six weeks have passed from the first demand.

The creditor should therefore structure the enforcement timeline accordingly.

Practical Example 5: Borrower Begins Selling Assets

A foreign creditor is owed EUR 300,000.

The borrower lists two apartments for sale and transfers a vehicle to a relative.

The debt is due and unsecured.

A provisional attachment application under Article 257 should be considered urgently rather than waiting until all assets disappear.

Practical Example 6: Borrower Objects to Enforcement

The foreign creditor begins ordinary enforcement.

The debtor submits:

“I object to the debt and interest.”

The proceeding stops.

The creditor has a signed loan agreement but not an Article 68-qualified document.

The creditor may file an action for annulment of objection within the statutory one-year period and prove the debt in court.

Practical Example 7: Borrower Signed a Clear Debt Acknowledgment

The borrower signed a document stating:

“I acknowledge that I owe EUR 150,000 to X.”

If the document satisfies Article 68 requirements and the signature is admitted or appropriately certified, removal of objection may be available through the statutory six-month procedure.

Practical Example 8: Foreign Creditor Lives Abroad

A French citizen lent money to a person living in Istanbul but has returned to France.

The creditor can appoint a Turkish lawyer and pursue collection in Türkiye.

However, the foreign creditor’s potential security obligation under MÖHUK Article 48 should be examined according to nationality and reciprocity before or during the proceeding.

Frequently Asked Questions

Can a foreigner sue someone in Türkiye for an unpaid personal loan?

Yes.

Can a foreigner initiate Turkish enforcement proceedings?

Yes, subject to the applicable procedural requirements and potential security rules under MÖHUK Article 48.

Do I need a written loan agreement?

Not necessarily for the legal existence of an ordinary loan, but written evidence is extremely important for proving the claim.

Is a bank transfer enough?

Not always. Turkish Court of Cassation jurisprudence generally treats a transfer as a payment instrument. If the description does not identify the amount as a loan, the lender may need additional evidence.

What if the transfer says “loan” or “borç”?

That can materially strengthen the creditor’s case.

Can WhatsApp messages prove the loan?

Potentially, but the wording must clearly support the specific loan relationship and authenticity must be established. Vague conversations may be insufficient.

What if we never agreed when the money had to be repaid?

Article 392 generally allows the borrower six weeks after the lender’s first demand where no repayment date or different repayment mechanism was agreed.

Can I start enforcement without first obtaining a judgment?

For an ordinary due money claim, yes, non-judgment enforcement may generally be initiated.

How long does the debtor have to object?

In ordinary general attachment enforcement, generally seven days after proper service.

What happens if the debtor objects?

The proceeding generally stops and the creditor must use the appropriate procedure to overcome the objection.

How long do I have to file an action for annulment of objection?

Generally one year after the objection is notified to the creditor under Article 67.

What is the six-month period?

Where Article 68-qualified documents exist, the creditor may seek removal of objection within six months after notification of the objection.

Can I freeze the debtor’s assets before winning the lawsuit?

A provisional attachment may be available where the statutory Article 257 conditions are satisfied.

Can I attach the debtor’s bank accounts?

Once the enforcement conditions are satisfied, bank receivables may generally be attached.

Can I attach the debtor’s apartment?

Real estate may be subject to enforcement attachment within the statutory framework.

Can I recover a loan made in USD or EUR?

Yes. Foreign-currency claims are recognised, subject to the applicable contractual and statutory rules.

What interest applies to a foreign-currency loan?

Where a higher contractual/default interest was not agreed, Law No. 3095 Article 4/A uses the highest one-year deposit rate paid by State banks for the relevant foreign currency.

What is the statutory legal interest rate for Turkish-lira claims?

The statutory legal interest rate has been 24% annually since 1 June 2024 under Presidential Decision No. 8485, subject to the exact legal basis of the particular interest claim.

Is failure to repay automatically fraud?

No. Ordinary non-payment is generally a civil debt dispute. Fraud requires additional deceptive conduct and criminal intent.

Can I file both a criminal complaint and a civil claim?

Yes where genuine evidence of fraud exists, but the criminal process does not replace civil debt recovery.

What is the limitation period?

A standard loan repayment claim is generally subject to the ten-year general limitation period unless a special rule applies.

Do foreign creditors have to pay security?

Potentially. MÖHUK Article 48 creates a security requirement for foreign persons filing lawsuits or enforcement proceedings, but reciprocity can create an exemption. The creditor’s nationality must therefore be checked.

What Evidence Should a Foreign Lender Preserve?

A foreign creditor should collect the following immediately:

1. Loan agreement
2. Bank transfer receipt
3. SWIFT confirmation
4. Transfer description
5. Borrower’s identification information
6. WhatsApp conversations
7. Emails
8. SMS messages
9. Signed repayment schedule
10. Promissory notes
11. Debt acknowledgments
12. Partial repayment records
13. Borrower’s messages requesting more time
14. Notarial notices
15. Documents showing debtor assets where provisional attachment is considered

The chronology should also be reconstructed.

For each payment, record:

• date;
• currency;
• amount;
• account;
• stated purpose;
• agreed repayment date;
• and subsequent borrower acknowledgment.

A well-organised debt file makes enforcement significantly easier.

How Can Future Loan Disputes Be Prevented?

Foreign lenders can reduce risk considerably by taking several simple steps before transferring money.

Use a written loan agreement

Do not rely on oral promises for substantial amounts.

Identify the currency clearly

State:

“USD 100,000”

rather than using an unclear Turkish-lira equivalent.

State the repayment date

Avoid disputes over maturity.

State the interest terms

If interest is intended, specify it legally and clearly.

Use bank transfers

Avoid large undocumented cash payments.

Write “loan” in the transfer description

This is exceptionally important in light of Court of Cassation jurisprudence.

Obtain a debt acknowledgment

Especially for substantial amounts.

Consider security

Depending on the transaction:

• mortgage;
• pledge;
• guarantee;
• promissory note;
• or other lawful security mechanisms

may reduce collection risk.

Do not wait after default

Asset recovery becomes harder when the debtor has time to dissipate property.

Conclusion: A Foreigner Can Recover an Unpaid Loan in Türkiye, but Evidence and Speed Determine the Strength of the Case

A foreign person who lends money to someone in Türkiye has access to Turkish civil and enforcement procedures when the borrower refuses to repay.

Foreign nationality does not prevent:

• filing a debt lawsuit;
• initiating enforcement;
• seeking provisional attachment;
• attaching bank accounts;
• pursuing real estate;
• or collecting a judgment.

But foreign loan-recovery cases frequently turn on evidence.

The first major question is:

Can the creditor prove that the money was actually lent?

This becomes particularly important where the money was transferred through a bank.

Turkish Court of Cassation jurisprudence consistently treats a bank transfer, in principle, as a payment instrument.

Therefore, an unexplained transfer does not automatically prove that the sender became a creditor.

The foreign lender claiming that money was advanced as a loan bears the evidentiary burden of establishing that purpose where the borrower denies it.

The difference between a strong and weak case can therefore be a few words in the transfer description.

A transfer stating:

“USD 50,000 LOAN – repay 01.12.2026”

has a very different evidentiary value from a transfer containing no explanation.

The Court of Cassation’s 24 October 2024 decision confirms that an express “borç” description can establish powerful evidence of the loan relationship.

Recent 2025 and 2026 decisions also show the opposite result: unexplained transfers combined with insufficient or ambiguous correspondence may fail to prove the alleged loan.

The second major question is:

Has the debt become due?

Where the parties agreed on a specific repayment date, maturity can generally be determined from the contract.

Where no repayment date, notification period or immediate-demand clause exists, Article 392 gives the borrower six weeks from the lender’s first demand before repayment becomes obligatory.

For this reason, a notarial demand can be strategically important.

The third question is:

Which collection procedure should be used?

An ordinary foreign creditor can often begin with non-judgment enforcement.

If the borrower does not object, enforcement may proceed against assets.

If the borrower objects, the creditor can potentially file an action for annulment of objection within one year under Article 67.

If the creditor holds a document satisfying Article 68—such as a qualifying signed or notarised debt acknowledgment—removal of objection within six months may provide an alternative route.

The fourth question is:

Will assets still exist when the creditor obtains a judgment?

This is why provisional attachment can be critical.

Article 257 allows a creditor with a due, unsecured monetary claim to request provisional attachment of the debtor’s assets, receivables and rights.

For unmatured claims, the law also recognises exceptional circumstances such as lack of a fixed residence or attempts to hide assets or flee from obligations.

The fifth question is the currency.

Where the loan was genuinely made in USD, EUR or another foreign currency, the creditor should not automatically convert the claim into Turkish lira without analysing Article 99 of the Turkish Code of Obligations and the agreed payment terms.

Foreign-currency default interest also has a separate statutory rule under Article 4/A of Law No. 3095.

The sixth issue is limitation.

Article 146 provides a general ten-year limitation period unless another statute provides differently.

The foreign lender should nevertheless avoid waiting until the end of that period.

The borrower may:

• transfer assets;
• become insolvent;
• leave Türkiye;
• die;
• destroy records;
• or create additional creditors.

Collection becomes practically harder over time even when the legal claim technically remains alive.

Finally, foreign creditors should be aware of MÖHUK Article 48.

Foreign natural and legal persons initiating lawsuits or enforcement proceedings in Türkiye may be required to provide security for litigation/enforcement costs and possible opposing-party losses.

However, reciprocity between Türkiye and the creditor’s country can provide an exemption, and this must be examined according to nationality and applicable treaties or practice.

The best debt-recovery strategy therefore begins with seven questions:

Was the money clearly documented as a loan?

What evidence acknowledges the repayment obligation?

When did the debt become due?

In what currency is the debt payable?

Does the borrower have attachable assets?

Should enforcement, litigation or provisional attachment be used first?

Is the foreign creditor subject to or exempt from the MÖHUK security requirement?

Once these questions are answered, an unpaid loan in Türkiye can usually be converted from an informal personal dispute into a structured legal collection process.

Legal Basis

The principal Turkish provisions relevant to recovery of money lent by a foreign person include:

Turkish Code of Obligations No. 6098

Article 99 – Foreign-Currency Monetary Debts

Regulates payment of debts denominated in currencies other than Turkish lira and the creditor’s options following default.

Article 146 – General Limitation Period

Unless a special rule applies, claims are generally subject to a ten-year limitation period.

Article 386 – Consumption Loan

Defines the loan relationship under which the lender transfers money and the borrower undertakes to return the same quantity and quality.

Article 387 – Interest

Contractual interest must generally be agreed in a non-commercial consumption loan, while commercial consumption loans are treated differently.

Article 392 – Repayment Time

Where no repayment date, notice period or immediate-demand term exists, the borrower generally has six weeks from the lender’s first demand.

Enforcement and Bankruptcy Law No. 2004

Article 62 – Objection to Payment Order

Provides the general seven-day objection framework for ordinary general attachment enforcement.

Article 67 – Action for Annulment of Objection

Allows the creditor to bring an action within one year after notification of the borrower’s objection and, where the statutory requirements exist, seek enforcement-denial compensation.

Article 68 – Definitive Removal of Objection

Allows removal of objection within six months where the creditor holds specified documentary evidence such as qualifying debt acknowledgments.

Articles 257–259 – Provisional Attachment

Regulate the conditions, evidentiary requirements and security framework for provisional attachment of assets securing an unsecured monetary claim.

Law No. 3095 on Statutory and Default Interest

Article 1 / Presidential Decision No. 8485

The statutory legal interest rate has been 24% annually since 1 June 2024.

Article 4/A – Foreign-Currency Debt

Where no higher contractual/default interest has been agreed, the highest one-year deposit interest paid by State banks for the relevant foreign currency applies.

International Private and Procedural Law No. 5718

Article 48 – Security by Foreign Claimants

Foreign natural and legal persons filing lawsuits, intervening in litigation or initiating enforcement proceedings in Türkiye are generally required to provide security for litigation/enforcement expenses and possible opposing-party losses.

The court must exempt the foreign claimant where reciprocity exists.

Selected Court of Cassation Decisions

Court of Cassation General Assembly of Civil Chambers, E. 2023/752, K. 2024/319, 6 June 2024

Reaffirmed that a bank transfer is ordinarily considered a payment instrument and that the person asserting that an unexplained transfer was actually a loan bears the burden of proving that claim.

Court of Cassation 3rd Civil Chamber, E. 2023/5491, K. 2024/3316, 24 October 2024

Held that the description showing money was sent as “borç” constituted important proof supporting the claimed loan relationship.

Court of Cassation 3rd Civil Chamber, E. 2024/186, K. 2025/259, 15 January 2025

Confirmed that an unexplained bank transfer combined with WhatsApp correspondence that did not clearly establish the specific loan was insufficient to prove the lender’s claim.

Court of Cassation 3rd Civil Chamber, E. 2025/3392, K. 2026/280, 21 January 2026

Again confirmed that where bank transfers contained no explanation establishing a loan and other evidence did not prove the alleged lending relationship, the repayment claim could fail.

Court of Cassation 3rd Civil Chamber, E. 2025/3571, K. 2026/1148, 3 March 2026

Confirmed the continuing importance of transfer descriptions in proving the legal purpose of money sent through a bank.

Disclaimer: This article provides general legal information concerning Turkish debt collection, loans, enforcement and private international law. It does not constitute legal advice regarding a particular loan. The appropriate procedure depends on the loan agreement, payment records, currency, maturity date, borrower’s objection, available assets, commercial or private nature of the relationship, creditor’s nationality and applicable security exemptions.