Turkish Supplier Fraud & Non-Delivery: A Recovery Guide for Foreign Buyers

Turkey is one of the world's leading manufacturing and export hubs, and the overwhelming majority of Turkish suppliers deliver exactly what they promise. But when a supplier stops answering messages after receiving an advance payment, ships defective goods, or simply disappears, foreign buyers often assume they have no realistic way to respond from abroad. Turkish law actually gives you several fast, enforceable tools — but each one comes with strict deadlines. Below, we answer the questions foreign buyers ask most often when a Turkish supplier relationship goes wrong.

1. What Should You Do If a Turkish Supplier Disappears After Payment?

Quick answer: Stop sending informal messages and issue a notarized formal warning (İhtarname) immediately. This is the step that converts a one-sided complaint into a legally enforceable position.

An İhtarname is served through a Turkish Notary Public and formally places the supplier in default (temerrüt). It states the amount owed, the contractual basis for the claim, and a short deadline — typically 7 to 10 days — to deliver the goods or issue a refund.

⚠️ Dikkat Edilmesi Gereken Husus

Emails and WhatsApp messages carry limited evidentiary weight once a dispute reaches a Turkish court or execution office. A notarized İhtarname is the document that starts the legal clock and supports later claims for statutory commercial interest.

2. Can You Sue a Turkish Company From Abroad Without Traveling to Turkey?

Quick answer: Yes. A Power of Attorney (POA) allows a Turkish lawyer to file the case, attend hearings, and pursue enforcement on your behalf, with no physical presence required.

The POA can be issued before a Turkish consulate in your home country, or drafted locally and apostilled (for countries party to the Apostille Convention), followed by a certified Turkish translation. Once this document is in place, the entire litigation and enforcement process can proceed without you setting foot in Turkey.

Security Deposit — Individual Claimants Foreign plaintiffs generally must post a security deposit under MÖHUK Art. 48. Individuals from countries with reciprocal or treaty-based arrangements with Turkey are more consistently recognized as exempt.
Security Deposit — Corporate Claimants Whether a corporate buyer qualifies for the same exemption is a more contested question in Turkish case law and depends on the buyer's home country. This should be confirmed case-by-case before filing.

3. Is It Possible to Freeze a Turkish Company's Bank Account?

Quick answer: Yes, through a Precautionary Attachment (İhtiyati Haciz) order under the Enforcement and Bankruptcy Law.

To obtain this order, the creditor must show a due, unsecured monetary claim together with circumstances suggesting a real risk that the debtor will move or hide assets — for example, providing fake tracking numbers or setting up a new company shortly after payment was received. Courts typically require the creditor to post a counter-security before granting the order, to protect the debtor if the claim is later found unjustified. Once granted, it allows immediate freezing of bank accounts, blocking of real estate, and seizure of goods at a warehouse or customs.

⚠️ Dikkat Edilmesi Gereken Husus

Attachment is most effective before assets are moved. Preserve every piece of evidence pointing to concealment or evasion — screenshots, tracking numbers, correspondence — the moment you suspect fraud.

4. What Are Your Rights If the Goods Are Defective or Not as Described?

Quick answer: Turkish Commercial Code Article 23 sets very short notice periods, and the deadline depends entirely on whether the defect is obvious or hidden.

Patent (Obvious) Defect Notify the seller within 2 days of delivery.
Defect Detectable on Inspection Inspect and notify within 8 days of delivery.
Hidden Defect Found Later Notify within a reasonable time of discovery; claims are generally subject to a 2-year limitation period.

Failing to notify within these periods can extinguish your right to a refund, replacement, or price reduction. Send notice in writing — ideally reinforced with a notarized İhtarname — as soon as a defect is suspected.

5. How Does Debt Recovery Through Execution Proceedings Work?

Quick answer: Most claims begin with İlamsız İcra Takibi — execution proceedings that do not require a prior court judgment.

1
File the Takip Request: Based on your proforma invoices, signed contract, and SWIFT transfer receipts.
2
Payment Order Issued: The debtor has 7 days to pay or formally object.
3
No Response: If the debtor neither pays nor objects, the takip becomes final and assets can be seized directly.
4
Objection Filed: The creditor can bring an "Annulment of Objection" (itirazın iptali) lawsuit. If the debtor's objection is found unjustified, the court can order an icra inkar tazminatı of at least 20% of the debt, on top of the original amount.

⚠️ Dikkat Edilmesi Gereken Husus

The 7-day objection window is strict and non-negotiable. Missing procedural deadlines on either side of this process can significantly change the outcome.

6. What Evidence Do You Need to Prove Your Claim?

Quick answer: Documentary evidence — not conversation history alone — is what carries weight in a Turkish court or execution office.

  • Signed contract, purchase order, or proforma invoice
  • SWIFT/wire transfer receipts and bank statements
  • Email correspondence (WhatsApp and messaging apps included)
  • Bill of lading, shipping, and customs documents
  • Photos, videos, or third-party inspection reports for defective goods
  • Any notarized İhtarname already sent to the supplier

7. How Long Does a Commercial Recovery Case Take?

Quick answer: It depends almost entirely on whether the supplier objects to the claim.

Uncontested execution proceedings can conclude within weeks once the 7-day objection period passes. Contested cases that proceed to a lawsuit — and especially those that are appealed — take considerably longer, sometimes well over a year, depending on the specific court's caseload. Because timelines vary case by case, a realistic estimate should be based on the specific facts of your dispute.

8. What If the Supplier Is a Shell Company With No Assets?

Quick answer: Civil enforcement should generally be pursued alongside a criminal complaint, not instead of one.

Where the facts point to deliberate fraud, a criminal complaint (dolandırıcılık) against the individuals behind the company can trigger an investigation capable of uncovering assets that a purely civil claim cannot reach. In defined circumstances, Turkish courts can also look past a company's separate legal personality where it was used purely as a vehicle for fraud — though this is assessed strictly case by case.

ℹ️ Bilgi Notu

Acting early matters most in shell-company scenarios — asset tracing is far more effective before funds are moved further.

Frequently Asked Questions

Do I have to travel to Turkey to pursue my case?

No. Once you sign a Power of Attorney, your lawyer can handle filing, hearings, and enforcement without you being physically present.

Is my claim too small to justify legal action in Turkey?

Execution proceedings (icra takibi) run mainly through the execution office rather than a full trial, making them a streamlined route even for smaller claims.

What language is used in the legal process?

Court filings and official notices must be in Turkish. Your legal team communicates with you and provides English summaries throughout.

Do I need a company or branch in Turkey to file a claim?

No. A local registered entity is not required to file an execution proceeding or lawsuit against a Turkish supplier.

✅ Distance Doesn't Have to Stop Your Recovery

Whether the issue is non-delivery, defective goods, or a supplier who has gone silent, Turkish law gives foreign buyers real, enforceable tools. Acting quickly helps preserve both the evidence and the supplier's assets.

Contact Our Cross-Border Commercial Team
The information contained in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Each case must be evaluated according to its own specific circumstances. Please consult a qualified lawyer before taking any legal action.

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