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Filing a lawsuit as a foreigner in Türkiye: Does the foreign plaintiff have to provide collateral? How to File a Case Against a Foreigner? Law No. 5718 on Private International Law and Procedural Law Art. 40, Art. 41, Art. 42, Art. 48 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Foreign natural and legal persons who file a lawsuit, participate in a lawsuit, or pursue enforcement proceedings in a Turkish court are obliged to provide the guarantee determined by the court (MÖHUK article 48/1). The court exempts the plaintiff from the guarantee on the basis of reciprocity (Art. 48/2). For this reason, a foreign client's evaluation of the reciprocity situation and the possibility of collateral between his country and Türkiye before filing a lawsuit directly affects the litigation budget and schedule.
Can a Foreigner File a Lawsuit in Türkiye?
Foreigners have the right to apply to Turkish courts. However, in a dispute with a foreign element, two questions are resolved together: Is the Turkish court authorized to hear the case and which law will be applied in the case? According to Article 40 of MÖHUK, the international jurisdiction of Turkish courts is determined by the local jurisdiction rules of domestic law. In other words, criteria such as the defendant's residence, the place of performance of the contract or the place where the tort is committed also indicate the authority of the Turkish court.
The law also provides special jurisdiction regulations for some personal status cases. Cases regarding the personal status of Turkish citizens can be heard in Türkiye if they are not or cannot be filed in foreign courts (Art. 41). Guardianship, curatorship, restriction, absence and presumed death decisions about a foreigner who does not have a residence in Türkiye are given by the court of the place where the relevant person is resident in Türkiye, or if he is not a resident, the court of the place where his property is located (Article 42).
Is collateral required from a foreign plaintiff?
Article 48/1 of MÖHUK stipulates that foreign real and legal persons who file a lawsuit, participate in a lawsuit or pursue enforcement proceedings in a Turkish court must provide the guarantee determined by the court to cover the trial and follow-up expenses and the damages and losses of the other party. The court determines the amount of the guarantee. There is no fixed amount in law; The amount varies depending on the nature and value of the file and the expected litigation expenses.
The second paragraph of the law opens an important door: The court exempts the plaintiff from the guarantee on the basis of reciprocity. In other words, if a similar guarantee is requested from Turkish citizens in the state of which the foreigner is a national, the Turkish court may apply the guarantee obligation by making a reciprocity assessment. How reciprocity will be proven and with what documents it will be shown varies depending on the file and the law of the relevant country. For this reason, a definitive conclusion should not be drawn without a country-by-country analysis.
If the deadline given by the court for the guarantee is missed, negative consequences may arise for the case. Therefore, when the guarantee decision is notified, the period and method should be evaluated legally immediately.
What points come to the fore if a lawsuit is filed against a foreigner?
Jurisdiction: If the defendant does not have a residence in Türkiye, the connection of the dispute with Türkiye (such as place of performance, place of tort, place of real estate) is investigated in terms of jurisdiction.
Notification: Notification to the address abroad may extend the file as it is subject to the agreement and procedural rules with the relevant state. Determining the defendant's current address in Türkiye or his representative may shorten the period.
Assets: If the defendant has real estate, a bank account or a receivable in Türkiye, provisional injunction and provisional seizure opportunities are evaluated. If the decision needs to be subsequently enforced in a foreign country, the need for enforcement may arise.
The trial will be conducted in Turkish. Approved Turkish translations of contracts, correspondence and records in foreign languages are submitted to the court. The power of attorney issued by the plaintiff abroad is subject to approval, apostille and translation requirements. Incomplete or incorrectly prepared power of attorney may lead to unnecessary loss of time at the beginning of the case.
international jurisdiction Domestic law determines jurisdictional rules by location (Art. 40)
collateral obligor Foreign natural or legal person who files a lawsuit, participates in a lawsuit or carries out enforcement proceedings (Art. 48/1)
Language and document Turkish translation, apostille or consulate approval for foreign documents
notification Notification to a foreign address may extend the period.
Case Summary Form: Fictional example: A foreign company that does not have commercial activities in Türkiye wants to file a lawsuit against a supplier in Türkiye for unpaid price. Company officials do not know whether collateral will be required when a lawsuit is filed. Process: The lawyer examines the company's country of establishment, reciprocity status and jurisdiction clause in the contract. The budget is planned in case of a collateral request and the approval chain of the foreign power of attorney is completed from the beginning. Result: When a lawsuit is filed, if the court determines security, it is ensured that it is deposited within the time limit. If it is possible to prove reciprocity, the exemption request is presented with justification. The result varies depending on the country and evidence of the file.
Does a foreign national have to obtain a residence permit to file a lawsuit in Türkiye?
There is no residence permit requirement in order to file a lawsuit under MÖHUK. However, the foreign plaintiff may be subject to the guarantee obligation to be determined by the court (MÖHUK article 48).
Is the guarantee amount determined by law?
No. The amount is determined by the court. The value of the file and expected trial expenses are taken into account.
Can the guarantee be exempted?
The law regulates that the court exempts the plaintiff from the guarantee on the basis of reciprocity (Art. 48/2). Whether the exemption will be applied or not is evaluated on a country and file basis.
If the defendant is a foreigner living abroad, can a lawsuit be filed in Türkiye?
The jurisdiction of the Turkish court is determined according to the jurisdiction rules in domestic law (Art. 40). Links such as the place of performance of the contract, the place where the tort is committed or the place where the goods are located are investigated.
Is a power of attorney issued abroad valid?
It can be used if the approval, apostille or consular certification and Turkish translation requirements are completed. It is also important that the powers are clearly written in the power of attorney.
What happens if the case is filed in a foreign country?
There may be a risk of parallel proceedings in the same dispute. Recognition or enforcement of a foreign decision in Türkiye depends on a separate procedure. File-specific evaluation is required.
Missing the court deadline regarding the security deposit decision.
Acting with the expectation of exemption from investigating reciprocity.
Sending the power of attorney abroad before the approval and translation chain is completed.
Submitting foreign language documents to an approved untranslated file.
Not determining the defendant's assets in Türkiye before filing a lawsuit.
In cases involving foreign elements, authority, guarantee and document order are issues that need to be clarified in the first weeks of the file. A small deficiency at the beginning can turn into serious costs in the following months. Küheylan Law Firm provides legal support to foreign clients in filing lawsuits in Türkiye, assessing collateral and reciprocity, and establishing a strategy for lawsuits to be filed against foreigners.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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