HOW CAN I FILE A LAWSUIT IN TURKEY?

Filing a lawsuit in Turkey involves specific legal steps and procedures that can vary depending on the type of case (civil, criminal, administrative, or commercial). Here’s a general guide to help you through the process:

1. Determine the Type of Lawsuit

• Civil Lawsuit: For personal disputes, property matters, family law issues, etc.

• Criminal Lawsuit: If a crime has been committed, such as assault or theft, this is pursued by the public prosecutor.

• Administrative Lawsuit: For disputes against government agencies or public institutions.

• Commercial Lawsuit: For business disputes, contract breaches, or matters between companies.

2. Find the Right Court

• Civil Courts of First Instance (Asliye Hukuk Mahkemesi) handle general civil cases.

• Criminal Courts (Ceza Mahkemesi) handle criminal cases, with different types of criminal courts based on severity.

• Administrative Courts (İdare Mahkemesi) handle disputes involving government actions or regulations.

• Family Courts (Aile Mahkemesi) handle divorce, child custody, and other family matters.

• Commercial Courts (Asliye Ticaret Mahkemesi) handle commercial disputes.

3. Gather Required Documents

• Petition of Complaint (Dava Dilekçesi): This is a written statement that outlines your claim, the facts of the case, and what you seek to achieve from the lawsuit (e.g., damages, specific performance).

• Evidence: Any documents, witness statements, contracts, photos, or other proof supporting your case.

• Identification: Provide your national ID or passport, and other identification for any parties involved.

4. Draft a Petition of Complaint

• The petition should include:

  • Your name, address, and contact information.

  • Information about the defendant (the person or entity you’re filing against).

  • A summary of your case and the legal grounds for your claims.

  • The relief or remedy you seek (e.g., monetary compensation, a court order).

• It’s recommended to have a lawyer draft this petition, as Turkish law is very procedural, and errors can lead to delays or dismissals.

5. File the Lawsuit at the Courthouse

• Submit your petition: Go to the relevant court and file your lawsuit by submitting the petition along with any required supporting documents.

• Pay the Filing Fee: Each type of lawsuit requires a filing fee, which varies depending on the type and value of the case. Fee structures are standardized by the Ministry of Justice and may differ for civil and criminal cases.

• Docket Number: After filing, you’ll receive a docket number (Esas No) which you can use to track your case.

6. Serve Notice to the Defendant

• The court will send a notification (tebligat) to the defendant, informing them about the lawsuit and summoning them to respond.

• The defendant is generally given two weeks to respond, though extensions may be granted in certain situations.

7. Attend Court Hearings

• You (or your lawyer) must attend all scheduled court hearings to present your case.

• Each party will present evidence, witnesses may be called, and both sides will make arguments.

• Court Procedure: Hearings may take several months to years depending on the complexity of the case and the court’s caseload.

8. Await the Court's Decision

• After hearing all the evidence and arguments, the judge will issue a verdict. In Turkey, this may take several hearings over time.

• In complex cases, a written decision may be issued after some time has passed following the last hearing.

9. Appeal if Necessary

• If you disagree with the court's decision, you have the right to appeal. Appeals must be filed within a specified time limit (usually 2 weeks after the decision).

• Appeals are heard in higher courts, such as the Regional Court of Appeal or, for high-stakes or complex cases, the Court of Cassation (Yargıtay).

10. Enforcement of the Judgment

• If the court rules in your favor and the judgment includes monetary compensation or other enforceable orders, you may need to initiate enforcement proceedings if the other party does not comply voluntarily.

• Bailiff’s Office (İcra Dairesi) is responsible for enforcing court judgments in Turkey, such as collecting debts or seizing assets if the defendant fails to pay.

Additional Considerations

• Language: All court documents and petitions must be in Turkish. If you don’t speak Turkish, consider hiring a translator or a bilingual lawyer.

• Legal Representation: While not mandatory, it’s highly recommended to have a lawyer due to the complexities of Turkish law.

• Alternative Dispute Resolution (ADR): In some cases, mediation or arbitration may be an option. For certain disputes, particularly family and employment matters, mediation is often mandatory before filing a lawsuit.

Summary

To file a lawsuit in Turkey, you’ll need to determine the correct type of case, prepare the necessary documents, and follow procedural steps. Filing fees, court deadlines, and legal representation are essential considerations. Working with a qualified Turkish lawyer can help ensure that all procedural requirements are met and improve your chances of a favorable outcome.

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