Collecting Unpaid Invoices from a Turkish Company

If a Turkish company has not paid an invoice, the creditor should not begin with threats or generic demand letters. The first step is to confirm the contractual basis of the debt, the due date, delivery evidence, correspondence, debtor identity and whether the claim can be pursued through enforcement proceedings, mediation, litigation or arbitration in Türkiye.

An unpaid invoice claim is usually a receivable arising from a commercial sale, service agreement, distribution relationship or supply contract. Under Turkish practice, the invoice alone may be important evidence, but it is rarely the whole case. The creditor must usually show the commercial relationship, the delivery or performance, the due date and the debtor's failure to pay.

The main legal framework may include the Turkish Code of Obligations No. 6098 for contractual liability, the Turkish Commercial Code No. 6102 for commercial books, merchants and commercial transactions, the Enforcement and Bankruptcy Law No. 2004 for enforcement proceedings, the Civil Procedure Code No. 6100 for litigation and evidence, and the Law on Mediation in Civil Disputes where mandatory commercial mediation applies before certain court claims.

Court and enforcement practice in Türkiye is document-driven. Judges and enforcement offices focus on invoices, delivery notes, contracts, written admissions, payment records, commercial books and formal notifications. Appellate practice generally treats the invoice as stronger when it is supported by delivery, performance or a course of dealing; a disputed invoice with no supporting evidence may be insufficient. This section deliberately avoids invented case numbers. Where a case-specific filing relies on precedent, the relevant Court of Cassation, regional appellate court or Constitutional Court materials should be checked against the current file and date of publication.

The practical debate is whether the creditor should start enforcement first or file a commercial lawsuit after mediation. Enforcement may create pressure, but it can be stopped by the debtor's objection if the claim is not based on a judgment or negotiable instrument. Litigation is slower but may be necessary when the debtor disputes delivery, quality, authority or set-off.

The creditor should identify the debtor's exact trade name, tax or registration details, address, invoice numbers, due dates, contract terms and any jurisdiction or arbitration clause. If a lawsuit is required, commercial mediation may need to be completed before filing the case.

The deadline depends on the legal basis of the receivable, the contract type and the applicable limitation period. Interest may run from maturity, default notice or another contractual date. If there is a mandatory objection or appeal stage in an enforcement file, procedural time limits are short and must be checked from the date of service.

The competent authority may be an enforcement office, a commercial court of first instance, a civil court of first instance or an arbitral tribunal, depending on the claim, the parties and the contract. Jurisdiction clauses and arbitration clauses must be reviewed before action is taken.

Useful evidence includes the contract, purchase orders, invoices, delivery notes, customs records, transport documents, e-mails, WhatsApp correspondence, account statements, payment reminders, debtor admissions and commercial books. Foreign-language documents may need sworn translation and, where official, apostille or legalisation.

A foreign creditor should not assume that a good invoice automatically means collection. The debtor's assets, bank accounts, ongoing business, known customers, registered address and litigation history matter. Before spending money on proceedings, the creditor should ask whether there is something in Türkiye to collect from.

Common mistakes include suing the wrong Turkish entity, ignoring an arbitration clause, failing to preserve delivery evidence, waiting until the debtor becomes insolvent, sending inconsistent settlement offers and assuming that enforcement will automatically lead to payment.

Is an invoice enough to sue in Türkiye?

It may help, but it is safer when supported by contract, delivery and correspondence evidence.

Can a foreign company start enforcement in Türkiye?

Yes, if it has a claim against a debtor in Türkiye, but the correct route depends on the documents and the debtor's expected response.

Can interest be claimed?

Usually yes, but the rate and start date depend on contract terms, commercial default rules and the facts.

For a foreign supplier, the real question is not only whether the debt exists. The stronger question is whether the debt can be proved, whether the debtor has assets, whether the claim will be blocked by an objection and whether a faster protective measure is available.

The correct legal route in these matters must be determined by reference to the date of the events, the legal position of the parties, the available evidence and the applicable statutory deadlines. Missing a deadline, applying to the wrong authority or presenting evidence in the wrong procedural form may cause loss of rights. You may contact Günser + Partners for an assessment of your matter under current Turkish legislation and court practice.