Interim relief and asset preservation in Turkey

A Turkish counterparty that stops paying does not wait for a judgment before moving funds, stock or receivables out of reach. Interim relief and asset preservation in Turkey exist to freeze that position before it disappears. This page sets out how the mechanism works for a foreign creditor, what a local court expects to see, and where the limits sit.

How the freeze actually runs

The mechanism starts with a petition to the competent civil court, filed before or alongside the underlying claim. The creditor must show a prima facie case on the merits and a genuine risk that the debtor will move, hide or spend the disputed assets before a judgment can be enforced. A court satisfied on both points can order accounts, receivables, real estate or movable assets frozen without notice to the debtor.

The order is not free. A court will usually require the creditor to post security against the damage a wrongful freeze could cause, and once granted, the order has to be followed by the main claim within a strict window measured from the freeze itself, not from the original default. Missing that step releases the freeze and hands the initiative back to the debtor. Coordinating the freeze with a claim structured for that route – part of our wider work on interim relief and asset preservation – is what keeps the sequence intact.

What decides whether it holds

Turkish courts test the freeze application against the paper trail, not against the size of the debt. A signed contract, unpaid invoices, proof of delivery or performance and a clear record of default carry more weight than a persuasive narrative. Correspondence in which the debtor admits the sum, however informally, strengthens the urgency argument considerably.

Evidence that the debtor is dissipating assets – closing accounts, transferring property to related parties, running down stock – is what turns a routine claim into an urgent one. Where the underlying dispute is not about urgency but about recognising and enforcing a judgment already obtained elsewhere, the relevant route takes a different shape even though it starts from the same file; our page on enforcement of foreign judgments in Turkey sets that route out separately.

The local constraint a foreign creditor cannot skip

A foreign creditor cannot file an interim relief petition without a Turkish lawyer of record, and cannot instruct enforcement offices directly either. The application, the security deposit and the enforcement step all run through admitted lawyers and licensed providers in the jurisdiction concerned, working from a file the creditor controls but does not execute personally.

Pre-legal contact with the debtor, where it happens at all, is handled by a registered provider under the rules that apply to that activity in Turkey; SOLUTIO does not carry out that contact itself. The broader recovery picture – claims that do not need an urgent freeze but still need a structured route through the Turkish courts – is covered separately under cross-border debt recovery in Turkey.

Our role next to the Turkish lawyer running the file

Our part is the assessment, the file structure and the instruction – deciding whether the interim freeze is worth the security deposit and the timetable it imposes, building the evidence set a Turkish court will actually test, and instructing the lawyer who files and executes locally. The work typically opens with a check on where the debtor's assets and activity actually sit, run before any petition is drafted; our asset and solvency check report is often the first deliverable on a Turkish file.

The lawyer of record in Turkey runs the petition, the hearing and the enforcement office contact. We do not duplicate that role, and we do not add a layer of local staff the creditor has not agreed to pay for. The fee basis – ours and the correspondent's – is agreed with the client before instruction, in writing, before any step is taken in Turkey.

When this is not worth doing

Interim relief is a tool for a specific moment, not a default step on every Turkish file. We say plainly when it is not the right one.

Common questions

How quickly can interim relief be obtained in Turkey?

A well-prepared petition with clear evidence of urgency can move quickly, though the court still needs to be satisfied on both the merits and the risk of dissipation before any order is granted. We assess the file before filing, so the timetable reflects the evidence actually available rather than a general expectation.

Does a foreign judgment creditor need to start a new case in Turkey?

In most cases a foreign judgment is not enforced directly in Turkey; it first has to be recognised by a Turkish court in a separate proceeding. Interim relief can sometimes freeze assets while that recognition step is pending, but the two proceedings run on different tracks and need to be planned together.

What happens if the assets are already gone?

If the debtor has already moved or spent the disputed funds, an interim freeze has nothing left to attach and is not worth pursuing on its own. At that point the file usually shifts toward assessing whether the payment can be recovered through the documents already available, or toward accepting that the claim is not economically viable.

A Turkish buyer who senses a freeze is coming has every reason to move stock, empty an account or sell the asset the creditor is relying on before the petition is even filed. Once that happens, the window for interim relief closes, and the creditor left with a paper claim is competing with counterparties who moved faster. The decision to freeze or to wait rarely gets a second attempt.

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By Eleanor Harlow