Litigation for foreigners in Turkey: security for costs, power of attorney and process

Litigation for foreigners in Turkey: can foreigners sue?

Yes. The Constitution guarantees the right to a fair trial to everyone, and foreigners can file and defend civil, commercial, labour, administrative and criminal cases in Türkiye. Litigation for foreigners in Turkey uses the same courts, procedure and deadlines that apply to Turkish citizens.

• Language: proceedings are in Turkish; a party who does not speak Turkish is heard through a sworn interpreter.
• Documents: foreign documents need an apostille or consular approval and a notarised Turkish translation.
• Jurisdiction: Turkish courts' international jurisdiction follows the domestic venue rules and Law No. 5718; contracts may contain a choice of court clause.
• Legal aid: foreigners can request legal aid on the basis of reciprocity.

Security for costs in litigation for foreigners in Turkey

Under Article 48 of Law No. 5718, foreign individuals and legal entities who file a case, intervene in one or start enforcement proceedings in Türkiye must deposit security set by the judge to cover court costs and the other side's possible losses.

• Exemption by treaty: nationals of countries party to conventions such as the 1954 Hague Convention on Civil Procedure, or to bilateral treaties with Türkiye, are usually exempt.
• Exemption by reciprocity: the court may waive security where the foreigner's country does not ask it from Turkish citizens.
• Form: security can be cash or a letter of guarantee; the amount depends on the value of the case.
• Failure to deposit: if security is not deposited within the period given, the case can be dismissed on procedural grounds.

Power of attorney for litigation from abroad

Litigation for foreigners in Turkey is usually run by a Turkish lawyer while the client stays abroad. The lawyer needs a power of attorney for litigation:

• At a Turkish consulate: issued in Turkish and valid in Türkiye without further steps.
• At a local notary: needs an apostille (or consular approval for non-Hague countries) and a notarised Turkish translation in Türkiye.
• Content: it must expressly authorise filing cases, settling, waiving, accepting and collecting where needed.

With the power of attorney, the lawyer follows the file on UYAP, the national judicial network, attends hearings and files submissions; the client receives updates without travelling.

Service of documents abroad

When a party lives abroad, petitions and judgments are served through the Ministry of Justice under the Hague Service Convention or bilateral judicial assistance treaties. This can take several months and is one of the main reasons cases with a foreign element last longer.

• Appointing a Turkish lawyer allows service to the lawyer instead, which shortens the process.
• A foreigner living in Türkiye should keep their address registration current, because service is made to the registered address.
• Deadlines start from service, so the date on the service document matters. The legal deadline calculator shows the last day for common appeal, objection and lawsuit periods.

Mandatory mediation before filing

Many disputes cannot be taken to court before mediation. Mediation is a condition of filing for:

• Commercial disputes over a sum of money or compensation
• Labour disputes over wages, severance and reinstatement
• Consumer disputes above the threshold set each year
• Landlord and tenant disputes, partition of jointly owned property and neighbour disputes

A foreign party can attend mediation through a lawyer. If no agreement is reached, the final report is attached to the court petition.

Common case types in litigation for foreigners in Turkey

• Real estate disputesCivilTitle deed cancellation, developer delays, defects and deposit refunds. See buying property in Turkey as a foreigner.
• Commercial and contract claimsCommercialUnpaid invoices, shareholder disputes and contract breaches; mediation often comes first.
• Family casesFamilyDivorce, custody and recognition of foreign judgments. See family law for foreigners in Turkey.
• Immigration casesAdministrativeResidence permit refusals, deportation decisions and entry bans. See Turkey entry ban removal.
• Labour claimsLabourWages, severance and work permit related disputes; mediation is required first.
• Criminal complaintsCriminalFraud and other offences; complaint-based offences must be reported within six months of learning the offender.

Enforcement proceedings (icra)

Money claims can also be pursued through enforcement offices. A creditor can start proceedings without a judgment; the debtor has seven days from service of the payment order to object. If there is no objection, the proceedings become final and assets can be attached. If the debtor objects, the creditor can ask the court to set aside the objection or file a case to cancel it.

A foreign creditor may be asked for security for costs when starting enforcement, subject to the same treaty and reciprocity exemptions.

Recognition and enforcement of foreign judgments

A judgment from a foreign court has effect in Türkiye only after recognition or enforcement under Articles 50–59 of Law No. 5718. The court checks that the judgment is final, that there is reciprocity for enforcement, that it does not fall within the exclusive jurisdiction of Turkish courts, that it is not clearly contrary to public policy, and that the defendant's right of defence was respected. Foreign arbitral awards are enforced under the New York Convention.

Costs of litigation for foreigners in Turkey

The cost of litigation for foreigners in Turkey depends on the case type and its value. The main items are:

• Court fees: a filing fee and, in money claims, a proportional fee calculated on the value claimed; part is paid at filing and the rest with the judgment.
• Advance on costs: paid at filing to cover service, witness and expert costs; service abroad and translations increase it.
• Security for costs: where no exemption applies, the amount set by the judge under Law No. 5718 Art. 48.
• Translation and legalisation: sworn translation of foreign documents and apostille costs.
• Lawyer's fee: agreed in writing with the lawyer, within the minimum tariff of the Union of Turkish Bar Associations.
• Costs award: the losing party is usually ordered to pay court costs and a statutory attorney's fee to the winning side.

Criminal complaints in litigation for foreigners in Turkey

A foreigner who is the victim of an offence in Türkiye, such as fraud in a property sale, can file a criminal complaint with the public prosecutor, directly or through a lawyer. For offences that are prosecuted only on complaint, the complaint must be made within six months of learning of the act and the offender. The victim can join the criminal case as an intervening party and claim compensation separately in the civil courts.

A foreigner who is a suspect or defendant has the right to an interpreter and to a lawyer at every stage. A criminal investigation can also affect residence permits and lead to a restriction code, so the immigration side should be handled at the same time.