Debt Claims

Obligations and Debt Claims
Prepared by: Constantinople
Debt Claims
Non-payment does not alone determine which action to bring against whom. The source, maturity, amount, and documents must first be assessed together. Contractual, tort, and unjust enrichment claims have different conditions. Multiple claims in one file also do not mean every item follows the same rule.
Which Questions Must Be Answered Before Litigation?
Creditor and debtor identity, whether contracting parties and actual payers coincide, maturity, and earlier payments must be clarified. Competent court, any mandatory mediation, and foreign elements must be examined. Denial of the debt and inability to pay are different problems; their indications should be separated before filing.
Claims and Proof Are Built Together
A petition stating only a total amount is insufficient. Principal, interest, and loss items must show their grounds. Contracts, delivery documents, receipts, and correspondence must be connected to the same transaction. Payment, set-off, release, and limitation defences should also be assessed initially. Missing records should be completed before creating a new demand.
Choosing Between Enforcement and Litigation
Ability to commence enforcement differs from proving the claim in court. The route depends on available documents and the opponent's objection. Urgent asset risks require separate examination of precautionary attachment. If the amount is not yet determined, the appropriate form must be chosen with the 2026 changes to claim types and increases in mind.
Documents That May Be Prepared for the Initial Review
- The full contract and annexes
- Maturity, notice, and service records
- All payment movements and the account statement
- Earlier enforcement and court files
File review and representation are paid services. Scope and fees are agreed in writing before work begins.
Legal Grounds
Turkish Code of Obligations, Articles 1, 49, 77, 112; Code of Civil Procedure, Articles 105, 109, 190
Last content review: 11 November 2026.