Commerce

Turkish Company Not Paying: A Lawyer's Honest Guide on What to Do Next

A Turkish company won't pay or took your money? Discover the immediate legal steps to freeze assets, distinguish fraud from civil debt, and recover your funds.

Rohat Kahraman· 12 July 2026· 11 min read
Turkish company not paying — fraud triage and debt recovery guide

A Turkish company has taken your money or won't pay, and you feel cheated, angry, and entirely unsure of what to do next. You might have an unpaid invoice sitting weeks past its due date, or perhaps you paid a deposit for goods that never arrived, and the supplier has suddenly gone quiet. The deal smells like a scam, and you are caught in the raw moment of realizing you might have trusted the wrong party.

I get this call more than you would think. The first thing I tell someone who has just been stiffed is to take a breath. This is frightening and infuriating, but you are not powerless. The Turkish legal system provides specific, aggressive mechanisms to recover money from defaulting businesses, but you have to act smartly. If you panic, you might make mistakes that cost you the ability to recover your funds.

I am a Turkish-qualified lawyer (avukat), and I recover money for foreign creditors from debtors in Turkey. In this guide, I will calm the noise, tell you the honest truth about your legal position, and turn your anger into concrete first steps.

What to Do Right Now

Before we even discuss lawsuits or the police, we have to stop the bleeding and lock down your evidence. When a deal falls apart, your paper trail is your greatest asset.

Take the following actions immediately to protect your position:

Action to TakeWhy You Must Do It
Stop sending any more moneyDebtors stalling for time often ask for a "customs release fee," "tax clearance," or a "final deposit" to unlock your initial payment. Do not pay it. Not a single cent more leaves your account.
Preserve all documentationCollect the signed contract, every invoice, the original cheque or promissory note, and all MT103 swift transfer receipts. I need to prove the exact movement of funds.
Export your digital communicationDo not just rely on memory. Export the entire WhatsApp history, save all text messages, and back up your emails. Screenshot the Turkish company's website, product catalogues, and online adverts before they vanish.
Do not sign restructuring agreementsA common tactic is offering a "new payment protocol" that subtly waives your rights to claim past interest, cancels penal clauses, or removes your right to pursue immediate legal action. Never sign anything without advice.
Act fastAssets and companies can move quickly. A Turkish company can drain its bank accounts, transfer its vehicles, or begin liquidation proceedings while you wait for them to return your calls.

Is This Fraud, or "Just" an Unpaid Debt?

This is the defining legal fork in the road, and it is the ultimate credibility test for any lawyer you speak to. The reader who feels "scammed" almost always wants the other side arrested. They assume that taking money and not delivering a product, or receiving goods and not paying the invoice, is a crime.

The honest, expert position is that most "won't pay" situations are civil debt matters, not crimes.

A business failing to pay what it owes—whether due to cash flow collapse, bad management, or simply dodging you—is ordinarily a civil dispute. We pursue this through the execution offices (İcra Dairesi), not the police station.

You generally cannot have someone imprisoned merely for not paying an ordinary debt. There is no debtors' prison for standard commercial failures. This is a fundamental right protected under Article 38 of the Constitution of the Republic of Turkey, which explicitly states that no one shall be deprived of their liberty merely for failing to fulfill a contractual obligation.

Criminal fraud, known in Turkish law as dolandırıcılık, is a real and separate thing. But it requires deceit from the very outset. Under Article 157 and the aggravated fraud provisions in Article 158 of the Turkish Penal Code (TCK), the other side must have set out to deceive you to obtain your money. This means they used fake company documents, a sham factory, or deliberate deception to induce your payment with absolutely no intention of ever performing the deal. A genuine commercial transaction that later went bad because the market crashed does not meet the legal definition of fraud.

In practice, the civil enforcement route is usually what actually gets your money back. We sometimes use a criminal complaint as pressure if we can prove active deceit, but a prosecutor is not a debt collector. A criminal complaint by itself rarely puts money back in your pocket. I will redirect your heat away from revenge fantasies and toward the civil mechanisms that actually freeze bank accounts and seize property.

When It Really Is a Scam

I always give my clients the harder honesty. Sometimes, it genuinely is a scam.

You might be dealing with a shell company, a website featuring a factory that does not exist, an "office" address that belongs to an empty lot, or a situation where your money was wired to Turkey and immediately moved abroad to a third country.

If this happens, I will tell you the truth before you spend thousands of dollars chasing a ghost. If the entity is a complete fabrication and the money is already gone, recovery is very hard, and sometimes impossible. But if they used a real Turkish bank account and left a digital footprint, recovery can sometimes be realistic. We have to verify who we are dealing with first.

First, Is There Anyone Real to Pursue?

Before we file anything, we run a reality check: does the company actually exist, who controls it, and is it still trading? I confirm this by pulling the state registry — the Central Trade Registry System (MERSIS) and the Trade Registry Gazette (Ticaret Sicil Gazetesi) — which also shows whether they have slipped into bankruptcy (iflas) or composition with creditors (konkordato). If the company is real and active, we have a target. The full due-diligence method — and how I structure the whole collection once we have one — lives on my guide to recovering a debt from a Turkish company.

How You Actually Get Your Money Back: The Routes

Once I know the company is real, we choose the weapon. There are four routes, and the right one depends on the paperwork you hold. Here is the map — each has its own dedicated page where I set out the mechanics in full, so I won't half-explain them here.

  • An ordinary unpaid invoice or deposit goes through enforcement proceedings (icra takibi); if the debtor objects just to stall, we defeat the objection in court and can recover execution-denial compensation (icra inkâr tazminatı) on top. → recovering a debt from a Turkish company
  • A signed Turkish cheque (*çek*) or promissory note (*bono*) unlocks a much faster civil enforcement track, where a bare objection does not automatically halt the seizure the way it does in ordinary proceedings. → recovering a debt from a Turkish company
  • If the debtor is about to move the money, we ask the court to freeze their accounts and property first — before they even know a case is coming (ihtiyati haciz). → seizing a Turkish debtor's assets
  • If you already won a judgment abroad, it carries no force here until a Turkish court recognises it through a tenfiz case; then we execute it like a local judgment. → enforcing a foreign judgment in Turkey

The Bad-Cheque Sanction Regime: A Crucial Exception

I mentioned earlier that Turkey does not have debtors' prisons. But there is one massive exception you need to know about: bounced cheques.

If the Turkish company issued you a formal cheque and it bounced due to insufficient funds (karşılıksız çek), the Check Law (Law No. 5941) provides us with a powerful tool. Issuing a bad cheque carries a penal sanction. I file a complaint with the Enforcement Criminal Court (İcra Ceza Mahkemesi).

The court can impose a judicial fine (adli para cezası) on the person who signed the cheque, calculated by reference to the unpaid amount, and ban them from holding cheque accounts. Here is the part that gives the cheque its bite: if the person does not pay that judicial fine, it can be converted into a term of imprisonment (hapis cezası) under rules that, for this offence, restrict the usual alternatives to a fine. The practical threat of that conversion is what makes bounced cheques among the fastest debts to recover in Turkey. (The cheque regime has been amended and the exact conversion mechanics have been tested before the Constitutional Court, so the current consolidated Law No. 5941 must be checked in each live file — I do that before relying on it.)

Should You File a Criminal Complaint?

Clients constantly ask me to file a police report or a criminal complaint (suç duyurusu) with the Public Prosecutor's Office (Cumhuriyet Başsavcılığı).

I give it to you straight. A criminal complaint is genuinely appropriate when we have a case of real dolandırıcılık—meaning they used forged documents, fake identities, or a sham corporate setup to steal your money.

When used correctly, a criminal complaint puts immense pressure on the company directors. It forces them to defend themselves against potential prison time, and prosecutors have the power to freeze accounts linked to criminal networks.

But do not oversell it to yourself. A criminal complaint is not a substitute for a civil recovery action. The prosecutor represents the State of Turkey, not your bank account. Their job is to punish criminals, not to collect your unpaid invoices. Even if the directors are convicted of fraud, that does not automatically put the money back in your pocket. We still have to run the civil enforcement side to seize their cash. We often use both routes simultaneously—the criminal complaint for pressure, and the civil execution for the payout.

How I Run This for a Creditor Abroad

You do not need to fly to Istanbul or Ankara to handle this. You run your business, and I run your case.

We manage the entire relationship remotely through a highly secure, documented process. You grant me the authority to act on your behalf using a Power of Attorney (Vekaletname).

You visit a local notary public in your home country to sign a standard bilingual Power of Attorney that I draft for you. You then obtain an Apostille stamp on that document, which makes it legally valid internationally under the Hague Convention. You courier the physical document to my office, and I have it translated by a sworn Turkish translator and notarized locally.

From that moment, I represent you in the execution offices, in the commercial courts, and at the settlement table. I keep my non-Turkish-speaking clients informed with clear, plain-English strategic updates, stripping out the confusing legal jargon so you always know exactly what is happening with your money.

I also frequently accept and work alongside referrals from foreign lawyers, accountants, and trade consultants whose clients have been left unpaid by a Turkish business.

What It Costs and How Long It Takes

I will never promise you guaranteed recovery, because any lawyer who does is lying to you.

The time it takes depends entirely on the route we have to use. A clean cheque case moves rapidly. Because of the fast-track rules and the pressure the bad-cheque sanction creates, we can often force a settlement or seize assets within weeks.

Chasing an ordinary unpaid invoice takes longer. If we send a payment order and they object, we have to fight an "annulment of objection" lawsuit in the Commercial Courts. Depending on the court's backlog and the complexity of the evidence, that lawsuit can take 12 to 18 months. Chasing a vanished scammer takes even longer, as we have to trace the corporate veil.

The costs involve official state court fees, proportional execution fees (which scale with the size of the debt), the teminat deposit if we freeze assets early, and my legal fees.

My approach is strictly commercial. Before we file, I review your documents and run the background checks. I give you my straight view on whether pursuing the matter makes financial sense. If the company is hopelessly bankrupt or the entity was a complete ghost, I will tell you that it is throwing good money after bad. We only fight the battles we have a realistic chance of winning.

Next Steps

If a Turkish company has taken your money and gone quiet, the window to recover your funds is closing while you wait.

Send me a brief email explaining what happened. Attach your contract, the unpaid invoices, the swift transfer receipts, and any cheques you hold. I will review your paperwork, check the company's status on the Turkish registry, and tell you honestly whether your money is recoverable and exactly what we need to do first.

Do not let them walk away with your money just because they are in a different country. Let's get to work.

I am a Turkish-qualified lawyer (Avukat) registered with the Kocaeli Bar Association, specializing in cross-border debt recovery, asset tracing, and commercial litigation for foreign businesses and international creditors operating in Turkey.

Frequently asked questions

Can I get them arrested for not paying me?

No. Under the Turkish Constitution, no one can be imprisoned simply for failing to pay an ordinary commercial debt or invoice. The only exception is if they issued you a bounced cheque, which carries a judicial fine that can convert into a term of imprisonment if left unpaid.

Is this fraud or just a debt?

Most non-payment scenarios are civil debts. For a situation to be classified as criminal fraud (dolandırıcılık), the debtor must have used deliberate deceit from the very beginning to trick you into handing over the money, with zero intention of fulfilling the contract.

They've stopped answering — is my money gone?

Not necessarily. Debtors often go silent hoping you will just give up and go away. We verify their legal standing through the Trade Registry. If they are still trading and hold bank accounts, aggressive enforcement proceedings usually force them to break their silence immediately.

The company seems fake — can you still trace them?

If the company is a complete fabrication, recovery is extremely difficult. However, if you wired money to a real Turkish bank account, a criminal complaint can trigger a prosecutor to investigate the account holder and potentially trace where the funds were moved.

Do I file a police complaint or sue?

If you have an unpaid invoice or a failed delivery from a legitimate business, you use civil enforcement (icra takibi) to seize their assets. You only file a police complaint (suç duyurusu) if you have hard evidence of a premeditated scam, forged documents, or identity theft.

Do I have to come to Turkey to recover my debt?

No. You grant me a Power of Attorney (Vekaletname) at a notary in your home country, have it Apostilled, and mail it to me. I handle all court appearances, asset seizures, and negotiations on your behalf.

How fast can you freeze their account?

If your debt is mature and you have solid documentary evidence, we can apply to the Commercial Court for a precautionary attachment (ihtiyati haciz). If the judge approves it and you deposit the required guarantee, we can freeze their bank accounts and property in a matter of days.