Enforcing US Court Judgments & Commercial Debt in Turkey Calculator

Governed by the Turkish Code on Private International Law and International Civil Procedure (MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary → Law No. 5718), TenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary → grants foreign court judgments the exact same legal power as a domestic Turkish court writ. Furthermore, under established High Court doctrine (YİBK 10.02.2012), Tenfiz lawsuits enjoy a massive strategic cost advantage: they are subject to flat statutory court fees (*maktu harç*) rather than proportional ad-valorem percentages. Use our verified calculator below, or consult our cross-border enforcement litigation team.

Statutory Framework for Enforcing Foreign Judgments (MÖHUK Arts. 50-59)

Under MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary → Law No. 5718, Turkish Commercial Courts will grant an enforcement decree (TenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary → Kararı) provided the following statutory conditions are satisfied:

• Reciprocity (Karşılıklılık - MÖHUK Art. 54/a): Reciprocity exists between Turkey and the foreign jurisdiction via treaty, statutory law, or de facto judicial practice. For the United States, Turkish courts recognize de facto reciprocity with US federal courts and major commercial state jurisdictions (such as New York, Delaware, California, Texas, Florida, and Illinois).
• Exclusive Jurisdiction & Public Order (MÖHUK Art. 54/b & c): The subject matter must not fall under the exclusive jurisdiction of Turkish courts (e.g., real estate in rem rights), and the decision must not clearly violate Turkish public order (kamu düzeni).
• Due Process & Right to Defense (MÖHUK Art. 54/ç): The foreign defendant must have been properly served in compliance with the laws of the origin jurisdiction (Hague Service Convention or local civil procedure rules) and given full opportunity to defend.
• Finality of Judgment (*Kesinleşme*): The foreign judgment must be final and unappealable, certified by an official certificate of finality bearing a Hague ApostilleApostilApostilleA certificate added to a public document in its own country so that it is accepted as genuine in Türkiye, without consular legalisation.Glossary →.

The Flat Court Fee Advantage (*Maktu Harç Prensibi*)

A critical advantage of enforcing foreign judgments in Turkey is the court fee structure established by the Turkish Court of Cassation:

• YİBK 10.02.2012 Joint Chambers Doctrine: In ordinary Turkish domestic commercial litigation, plaintiffs must pay an upfront proportional court fee equal to approximately 6.83% of the total claim value (1/4th paid at filing). However, the Turkish High Court ruled that a Tenfiz lawsuit is an auxiliary proceeding that does not adjudicate the underlying merits of the claim.
• Fixed Flat Fee (*Maktu Harç*): Consequently, Tenfiz filings are subject only to a minimal fixed statutory filing fee (approximately ₺4,500 – ₺5,000 / ~$120 USD), regardless of whether the judgment debt is $100,000 or $50,000,000.
• Proportional Enforcement Fees (*Nispi İcra Harcı*): Ad-valorem enforcement fees only arise at the post-judgment execution stage under the Turkish Execution and Bankruptcy Law (İİKİİKEnforcement and Bankruptcy Law No. 2004The Turkish statute governing how debts are collected by force — enforcement proceedings, attachment, sale and bankruptcy.Glossary →) and are ultimately collected directly from the debtor's seized assets.

Precautionary Asset Freezes (*İhtiyati Haciz*) & Security for Costs

To prevent the debtor from liquidating or hiding assets during litigation, two procedural mechanisms are deployed:

• Ex-Parte Precautionary Attachment (İİK Art. 257): Before or simultaneously with filing the Tenfiz lawsuit, the foreign creditor can petition the Commercial Court for an emergency Precautionary Attachment (*İhtiyati Hacizİhtiyati hacizPrecautionary attachment (asset freeze)A court-ordered freeze on a debtor's assets granted early — before the case ends — to stop them being moved out of reach.Glossary →*). Once granted, the court immediately issues freezing orders across all Turkish banks, the Land Registry (freezing real estate), the Trade Registry (freezing corporate shares), and the Central Registry Agency (MKK - freezing publicly traded securities).
• Security for Costs Exemption (*Cautio Judicatum Solvi* - MÖHUK Art. 48): While foreign plaintiffs are generally required to deposit a 10%-15% security deposit to cover potential defendant costs, US plaintiffs are frequently exempt from this requirement based on mutual judicial reciprocity provisions.

Enforcement Timeline & Post-Judgment Asset Execution

The standard timeline and execution pathway for US judgments in Turkey follows four clear phases:

1. Document Preparation & Apostille Translation (Weeks 1–3): Procuring the certified final judgment, certificate of finality, Hague Apostille, sworn Turkish court translation, and notary certification.
2. Emergency Asset Attachment Filing (Weeks 3–4): Securing ex-parte freezing injunctions over debtor accounts and properties.
3. Commercial Court Tenfiz Litigation (Months 4–10): Service upon the debtor via MERNIS or international judicial channels, preliminary examination, and final Tenfiz decree.
4. Asset Liquidation via Turkish Enforcement Offices (*İcra Daireleri*): Enforcing the judgment through bank garnishments (89/1 hacizHacizAttachment / seizure of assetsThe step in an enforcement proceeding where the debtor's assets are legally attached so they can be sold to pay the debt.Glossary → ihbarnameleri), real estate public auctions, and direct wire transfer of proceeds to the creditor's designated international bank account.

Frequently asked questions