How to Pursue Enforcement and Debt Collection Abroad in 2026?

Debt collection abroad is a complex process both legally and procedurally. To determine which method will be faster and more economical, it is essential to evaluate the terms of the contract, the location of the debtor, and the nature of the claim. Below, we explain the methods, processes, timelines, and approximate costs applied according to 2026 practices step by step.

Issue: Why is cross-border enforcement different from other types of enforcement?

There are two main challenges in foreign receivables: jurisdiction and enforcement. The enforcement of judgments obtained in Turkey in foreign countries, or the execution of foreign court decisions in Turkey, requires different procedures and procedural conditions. Additionally, if notification is not carried out in accordance with the procedure, the processes may be dismissed on procedural grounds.

Legal Framework — Which laws apply?

• Regulation (EC) No 1896/2006 on European Payment Orders: Regulates the non-judicial payment order procedure in EU member states (excluding Denmark); grants the debtor a 30-day right of appeal after notification; if there is no appeal, the enforcement process commences.
• Private International Law (Law No. 5718): Articles 50–59 govern the recognition and enforcement of foreign court judgments in Turkey, while Article 32 determines jurisdiction rules. Enforcement is mandatory for foreign judgment executions.
• Execution and Bankruptcy Law (Law No. 2004): Article 58 covers non-judicial execution, while Articles 36 and onwards encompass judicial execution; enforcement decisions are required for the execution of foreign judgments in Turkey.
• Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (1965): The primary instrument in foreign notification procedures; the 2026 implementation principles have been updated by the notification of the Ministry of Justice.
• Brussels I bis (1215/2012): Contains automatic recognition rules concerning the recognition and enforcement of judgments within the EU; in some cases, separate enforcement proceedings are not required.

Process: What steps should you follow?

1. Preliminary Assessment (Preparation)

The first task is to review the contract: Is there jurisdiction (forum) and choice of law? If Turkish law is chosen or a specific court is appointed, we base our actions on that; if there is no choice, the debtor's place of residence is considered. The nature of the claim (whether commercial, consumer, or due) also determines the choice of method.

2. Non-Judicial Collection: European Payment Order (the fastest option for EU countries)

• The claim must be due; inheritance and bankruptcy disputes are subject to certain exceptions.
• The application is made to the competent court of the relevant country using a standard form; the court examines the application procedurally and issues a payment order.
• The payment order is notified to the debtor; after notification, there is a 30-day period for appeal. If there is no appeal, in most EU countries (excluding Denmark), the document can be directly enforced.
• Notification must be made in accordance with Hague procedures; improper notifications complicate processes.

3. Judicial Collection: Enforcement of foreign court decisions in Turkey

• An enforcement action is filed in Turkey for the execution of a foreign judgment pursuant to Private International Law Articles 50 and following.
• The conditions for enforcement include the finality of the judgment, compliance with public order, and the absence of matters subject to exclusive jurisdiction in Turkey.
• After obtaining an enforcement decision, the judgment is converted into enforcement through the procedures of the Execution and Bankruptcy Law, and enforcement actions are carried out via enforcement offices.

4. Compulsory Execution and National Procedures

In finalized collections, the enforcement procedures of the country where the debtor is located are followed: seizure, confiscation, lien, or sale of assets are carried out in accordance with the law and practice of that country. Therefore, it is crucial to work simultaneously with an experienced local attorney in the country where the debtor is located.

5. Alternative Methods

• Negotiation and reconciliation (reduces costs, accelerates the process).
• If a resolution via arbitration is specified, the provisions of arbitration and enforcement connections are considered.
• Filing a lawsuit directly in the debtor's country (the relevant country's procedures and costs should be taken into account).

Timelines and Statutes of Limitations

• European Payment Order: Court review generally takes 1–3 months; there is a 30-day appeal period after notification.
• Enforcement Action (Turkey): The main duration is between 6–12 months; it may extend to 1–2 years with appeal processes.
• Notification periods: 1–6 months according to the Hague Convention (varies by country); some processes have been expedited with the 2026 notification. For details, you can refer to the Ministry of Justice's notification.
• Statute of Limitations: According to Turkish Code of Obligations Article 146, the general duration is 10 years; it may vary between 5–10 years for commercial claims. In foreign collections, sometimes the debtor's country’s statute of limitations rule is also applied.

For detailed information on the 2026 notification and notification procedures, you can refer to the relevant official source: 2026 Year Foreign Notification and Letter of Request Notification (Ministry of Justice).

Current cost and fee estimates (estimated figures based on 2024–2025)

Fees and expenses are updated annually; the figures below are compiled estimated ranges for the 2024–2025 period. Please confirm the exact amounts from official sources before starting the transaction.

• Non-Judicial Collection Fee: 0.5% of the claim amount (example: ~500 TL for a claim of 100,000 TL).
• Application Fee for European Payment Order: Approximately 50–150 EUR (varies by country).
• Enforcement Action Fee (Turkey): 1,500–5,000 TL + 6.831% tax; varies depending on the claim amount.
• Foreign Guarantee: Sometimes a guarantee of 15–40% is required for foreign creditors (example: 15,000–40,000 TL for a claim of 100,000 TL).
• Notification Fee (via Hague procedures): Ranges between 500–2,000 TL (varies by target country and postal options).
• Attorney Fee: Typically ranges between 10–20% depending on the nature of the work + VAT; fixed fees or hourly rates may also be applied.

Note: Due to annual updates in fees and costs, figures may have changed in 2026. It is important to check the official tariff.

How can Korkmaz Law Office assist you?

• In the initial phase, we conduct a strategic assessment regarding the review of the contract and identification of the most appropriate enforcement path (European Payment Order, direct lawsuit, or enforcement).
• We provide comprehensive documentation and notification preparation regarding procedure for European Payment Order applications; we follow the notification processes in accordance with Hague and Ministry of Justice applications.
• We provide experienced representation in Civil Courts for the enforcement and execution of foreign judgments in Turkey, and if necessary, we take on the coordination of international notifications and letter of request.
• We establish cooperation with local lawyers in the debtor's country, ensure the effective execution of compulsory enforcement processes, and propose cost-effective solutions.

An effective execution process in practice requires the selection of the correct method, full compliance with the procedure, and mastery of local implementations. Obtaining support from an experienced law office in these matters directly affects the success of the process.

Practical Recommendations — To speed up the process and reduce costs

• Include clear and applicable jurisdiction and choice of law in contracts; this saves time and money in the future.
• Send written warnings and offers for reconciliation to the debtor before applying for a payment order or non-judicial collection; in most cases, negotiation solutions are more economical.
• Ensure that notification documents comply with Hague and relevant notifications; delays arising from improper notification increase costs.
• Work simultaneously with attorneys who are familiar with local practices; foreign legal practices determine the success of enforcement.

Conclusion

In 2026, enforcement and collection abroad can be effectively carried out if the correct methods and procedures are applied. While the European Payment Order mechanism provides a quick solution in EU countries, the enforcement process is required under Private International Law for the execution of foreign judgments in Turkey. Notification and procedural errors are among the most common risks; therefore, obtaining expert legal support from the outset accelerates the process and keeps costs under control.

Disclaimer: This article is for informational purposes only and does not constitute personal legal advice. Because fees and official procedures are updated annually, the relevant legislation and official sources should be checked before initiating any transactions. We recommend obtaining professional legal support for detailed evaluation and concrete recommendations.