Foreign Creditor Has No Written Contract but Has Unpaid Invoices in Turkey: Can the Debt Be Collected? (2026 Updated Guide)

A foreign creditor has unpaid invoices in Turkey but no signed written contract. Learn whether invoices, emails, delivery records, accounting documents and enforcement proceedings can be used to collect the debt.

A foreign company may supply goods or services to a Turkish customer for months or even years without signing a comprehensive written contract. The parties may conduct their relationship through purchase orders, quotations, invoices, emails, delivery documents, bank transfers and commercial correspondence. Problems arise when the Turkish customer stops paying and argues that there is “no contract.” The absence of a formally signed contract does not necessarily mean that the foreign creditor has no enforceable claim in Turkey. The central issue is whether the creditor can prove the underlying commercial relationship, performance of its obligations, the amount and maturity of the receivable and the debtor’s obligation to pay. Unpaid invoices can be important evidence, but the strength of the claim normally depends on the entire commercial record rather than the invoice alone.

Can a Foreign Company Collect a Debt in Turkey Without a Written Contract?

Potentially, yes. A commercial relationship does not necessarily become legally nonexistent merely because the parties failed to execute a single document titled “Contract.”

The actual transaction should be reconstructed from all available evidence.

Depending on the case, purchase orders, quotations, order confirmations, invoices, delivery records, customs documents, emails, messages, bank transfers, accounting records and partial payments may collectively demonstrate the existence and terms of the commercial relationship.

Is an Invoice Alone Enough to Prove the Debt?

An invoice can be significant evidence, but a creditor should avoid assuming that issuing an invoice automatically proves every disputed element of the claim.

The debtor may argue that the goods were never ordered, services were not performed, quantities were incorrect, goods were defective or the invoice price was never agreed.

For that reason, the creditor should connect each invoice with the underlying transaction.

Reconstruct the Commercial Relationship

The first practical step is to create a chronological file showing how the business relationship began and developed.

Identify who requested the goods or services, what price was discussed, when the order was confirmed, when performance occurred, when the invoice was issued, when payment became due and what happened after maturity.

Purchase Orders Can Be Critical Evidence

If the Turkish customer issued purchase orders, preserve them.

A purchase order may help establish the product, quantity, price, delivery terms and identity of the customer. Compare every unpaid invoice with the corresponding purchase order.

Quotations and Order Confirmations Should Be Preserved

Foreign suppliers frequently send quotations before receiving an order. These documents can help establish the commercial terms.

If the customer replied accepting the quotation or subsequently ordered goods on those terms, preserve the entire correspondence.

Emails Can Help Prove the Agreement

Commercial emails may be highly important where no formal contract exists.

Messages discussing prices, quantities, delivery dates, payment schedules, complaints or overdue balances can help reconstruct what the parties agreed.

Preserve complete email chains rather than isolated screenshots.

WhatsApp and Other Business Messages May Be Relevant

Business communications conducted through messaging applications may also contain useful evidence concerning orders, delivery, acknowledgment of debt or requests for additional time to pay.

The evidentiary value and method of presenting electronic communications should be evaluated carefully, particularly where authenticity is disputed.

Delivery Evidence Is Extremely Important

For a claim involving the sale of goods, proving delivery can be as important as proving the invoice.

Preserve delivery notes, signed receipts, transport documents, warehouse records, cargo documentation and other records showing that the Turkish customer received the goods.

Customs Records Can Strengthen an International Sale Claim

Where goods were exported into Turkey, customs and international transport documents may help connect the foreign seller, Turkish buyer and shipment.

Commercial invoices, packing lists, transport documents and customs records should therefore be reviewed together.

What If the Customer Accepted the Goods Without Objection?

Acceptance of goods without timely or properly documented objections may become relevant depending on the nature of the dispute.

The creditor should preserve evidence showing when delivery occurred and whether the customer complained about quantity, quality or defects.

Later Complaints Should Be Examined Carefully

A debtor facing collection proceedings may suddenly allege that the goods were defective.

Compare any new allegation with contemporaneous correspondence. If the buyer previously confirmed satisfactory delivery, ordered additional goods or promised payment without mentioning defects, those facts can become important.

Partial Payments Can Be Powerful Evidence

If the debtor paid some invoices or made partial payments against the outstanding balance, preserve the bank records.

The payment history can help demonstrate the commercial relationship and may undermine an argument that no transaction existed at all.

Payment Descriptions Matter

Review bank-transfer descriptions and payment references. A transfer that identifies an invoice or order can help connect the payment with the relevant commercial transaction.

Acknowledgment of Debt Can Be Particularly Valuable

Search correspondence for statements such as confirmation of the outstanding balance, requests for additional payment time, proposed installment plans or promises to pay on a specified date.

Such communications can materially strengthen the creditor’s evidentiary position.

Accounting Records May Become Important

Commercial accounting records can play an important evidentiary role in disputes between businesses.

The creditor should preserve its own accounting entries and, through the appropriate legal procedure, the Turkish debtor’s relevant commercial records may also become significant.

E-Invoice and Electronic Commercial Records Should Be Reviewed

If the transaction generated electronic invoices or other electronic commercial records in Turkey, these records should be identified and preserved.

The existence of an invoice in an electronic system does not automatically resolve every dispute, but it may form an important part of the evidence.

Confirm the Exact Debtor

Foreign creditors sometimes discover that invoices were issued to one Turkish company while orders came from another company within the same corporate group.

Before starting proceedings, identify the exact legal entity responsible for the debt.

Similar Company Names Can Cause Serious Problems

Check the debtor’s full registered company name and other identifying information.

A claim should not be directed against a parent company, shareholder or affiliate merely because the parties belong to the same corporate group.

Can the Shareholders Be Pursued Personally?

A company’s unpaid commercial debt does not automatically become the personal debt of its shareholders or directors.

Personal liability requires a separate legal basis. The creditor should therefore identify the contracting debtor before considering exceptional claims against other persons.

Review the Currency of the Debt

Determine whether the invoices are denominated in euros, US dollars, Turkish lira or another currency.

The currency issue can affect the amount claimed, payment demands, enforcement strategy and calculation of ancillary claims.

Determine When Each Invoice Became Due

Prepare an invoice schedule containing the invoice date, invoice number, amount, currency, maturity date, payments received and remaining balance.

This becomes the foundation of an effective collection file.

Interest Should Be Calculated Separately

The creditor should determine the legal or contractual basis for interest and the relevant starting date.

Do not simply add an arbitrary percentage to the outstanding invoices.

Send a Structured Payment Demand

Before litigation or enforcement, a formal demand may be strategically useful.

The demand should identify the invoices, principal amount, payment status and deadline clearly. It can also require the debtor to state immediately whether it disputes delivery, quality or another aspect of the transaction.

Do Not Let Negotiations Consume Limitation Periods

Repeated statements such as “we will pay next month” can cause foreign creditors to postpone legal action for too long.

Applicable limitation periods should be calculated according to the legal characterization of the receivable and circumstances of the transaction.

Can Enforcement Proceedings Be Started in Turkey?

Potentially. Depending on the nature of the claim, the creditor may consider Turkish debt-enforcement procedures without first possessing a court judgment.

However, the debtor may have procedural rights to object, and an objection can shift the dispute into further judicial proceedings.

What Happens If the Debtor Objects to the Debt?

The creditor may then need to pursue the appropriate legal procedure to overcome the objection and establish the receivable.

The exact route depends on the documents, type of enforcement proceeding and legal nature of the dispute.

The Evidence File Should Be Prepared Before Enforcement Begins

Do not wait for the debtor’s objection before collecting documents.

Before commencing proceedings, organize invoices, orders, emails, delivery records, customs documents, bank payments and accounting information into a single chronological file.

Commercial Litigation May Be Necessary

Where liability is seriously disputed, the creditor may need to establish the receivable through the competent Turkish court.

Jurisdiction, applicable law and procedural requirements should be evaluated before filing.

Mandatory Mediation May Need to Be Considered

Certain commercial monetary disputes in Turkey are subject to mandatory mediation requirements before litigation. The procedural position should therefore be assessed before commencing a commercial action.

The distinction between commencing enforcement proceedings and filing a lawsuit should also be considered carefully.

What If the Foreign Creditor Has a Foreign Judgment?

That presents a different procedural situation from having only unpaid invoices.

Recognition and enforcement of a foreign court judgment in Turkey can involve separate requirements. The creditor should not confuse an invoice-based collection case with enforcement of an existing foreign judgment.

What If the Invoice Contains a Jurisdiction Clause?

An invoice may contain standard terms concerning jurisdiction, applicable law or arbitration.

Whether those terms became binding should be examined carefully. Merely printing terms on an invoice does not necessarily establish that the other party agreed to every provision.

Arbitration Clauses Require Particular Care

A foreign creditor should not assume that an arbitration clause contained only in unilateral invoice terms is automatically enforceable.

The formation and validity of the arbitration agreement should be examined separately.

Applicable Law Can Affect the Claim

International sales and services can raise conflict-of-law questions.

The governing law may be established by an agreement between the parties or determined under applicable conflict rules. For international sale-of-goods transactions, the potential relevance of international sales rules should also be considered where applicable.

Preserve Evidence in Its Original Form

Keep original emails, electronic files, invoices, transport records and accounting documents.

Avoid relying only on cropped screenshots or reconstructed spreadsheets when the original evidence remains available.

Foreign-Language Documents May Need Translation

Documents submitted in Turkish judicial proceedings may require appropriate Turkish translations.

Foreign companies should organize translations systematically so that technical and commercial terminology remains consistent across the file.

Can Assets Be Secured Before the Debtor Disposes of Them?

In appropriate circumstances, provisional protective measures may be considered where the statutory requirements are satisfied.

Such remedies are not automatic merely because invoices remain unpaid. The creditor must evaluate the evidentiary and procedural requirements of the particular measure.

Asset Investigation Should Begin Early

A favorable judgment has limited commercial value if the debtor has no recoverable assets.

Where legally appropriate, the creditor’s strategy should consider the debtor’s financial position, bank accounts, receivables, vehicles, real estate and other attachable assets through available enforcement mechanisms.

Be Alert to Asset Transfers

If the debtor begins transferring assets after payment demands, the transactions should be documented.

Certain transactions intended to frustrate creditors may potentially become relevant to separate avoidance or enforcement remedies, depending on the facts.

What If the Turkish Company Claims Financial Difficulty?

Financial difficulty does not eliminate the debt.

However, it can materially affect collection strategy. The creditor should investigate whether the debtor faces multiple enforcement proceedings, insolvency risks, restructuring or concordat proceedings.

Settlement Can Still Be Commercially Rational

A documented settlement may sometimes produce faster recovery than prolonged litigation.

Any installment arrangement should clearly identify the acknowledged debt, payment dates, default consequences and appropriate security where available.

Do Not Surrender Existing Evidence Too Early

A creditor should not cancel invoices, release security or waive claims merely in exchange for an informal promise to pay later.

Any restructuring should be documented carefully.

Foreign Manufacturer and Exporter Claims Require Supply-Chain Evidence

Where the creditor is a foreign manufacturer, evidence may be distributed among several departments or countries.

Sales teams may hold purchase orders, logistics teams transport records, finance teams invoices and bank records, while the Turkish distributor holds local correspondence.

All relevant evidence should be consolidated before proceedings begin.

What If the Debtor Says the Employee Who Ordered the Goods Had No Authority?

Review the history of the commercial relationship.

If the same employee repeatedly placed orders that the company accepted, received and paid in the past, those facts may become relevant to the authority dispute. The exact legal effect depends on the circumstances.

Repeated Transactions Can Strengthen the Evidentiary Picture

A long commercial history can make it easier to reconstruct the parties’ established business practice.

Previous orders, deliveries and payments may help explain how later unpaid transactions were formed.

One Unpaid Invoice Should Not Be Analyzed in Isolation

Where several invoices arise from the same commercial relationship, create a complete transaction matrix.

The pattern of orders, deliveries, previous payments and later defaults can be more persuasive than examining the final invoice alone.

Immediate Debt Collection Strategy

A foreign creditor with unpaid Turkish invoices but no signed contract should immediately identify the correct debtor, prepare an invoice-by-invoice balance, reconstruct the commercial relationship, collect purchase orders and quotations, preserve emails and messages, connect invoices to delivery and customs records, document partial payments and acknowledgments, calculate maturity and interest issues, assess limitation periods, determine whether enforcement or litigation is preferable and investigate the debtor’s recoverable assets.

The absence of a signed contract should therefore be treated as an evidence-management problem, not automatically as the end of the claim.

Frequently Asked Questions

Can a foreign company collect unpaid invoices in Turkey without a signed contract?

Potentially, yes. The creditor may establish the commercial relationship and debt through invoices combined with orders, correspondence, delivery documents, payment records and other evidence.

Is an invoice by itself enough?

Not necessarily in every dispute. The creditor should connect the invoice with the underlying order, delivery or service and agreed price.

Can emails prove the debt?

Emails may provide important evidence concerning orders, prices, delivery and acknowledgment of outstanding amounts.

Does partial payment help the creditor?

It can be highly relevant because payment history may support the existence of the underlying commercial relationship and particular transactions.

Can enforcement proceedings be started without first obtaining a judgment?

Depending on the circumstances, Turkish enforcement procedures may potentially be available without an existing judgment. The debtor’s right to object and the consequences of an objection must be considered.

What happens if the Turkish debtor denies receiving the goods?

Delivery, transport, warehouse, customs and customer correspondence should be examined to establish whether the goods were actually received.

Can the foreign creditor claim interest?

Potentially, depending on the legal basis, maturity and circumstances of the transaction. The correct rate and starting date should be determined before calculating the claim.

Can the Turkish company’s director be personally pursued?

Not automatically. A company’s commercial debt does not ordinarily become a director’s or shareholder’s personal debt without an independent legal basis.

Should the creditor wait if the debtor keeps promising payment?

The creditor should monitor limitation periods and the debtor’s financial position. Repeated informal promises should not be allowed to destroy an otherwise recoverable claim.

What is the strongest approach when there is no written contract?

Build a complete transaction chain: order, agreed price, performance, delivery, invoice, maturity, acknowledgment and non-payment. A coherent commercial record can be substantially stronger than relying on the unpaid invoice alone.

Client-Focused Legal Support for Foreign Creditors in Turkey

Foreign creditors facing unpaid invoices in Turkey may need to act quickly where the Turkish debtor disputes the contract, denies delivery, objects to enforcement proceedings or begins transferring assets. Fırat Fesih Kaya Law Office assists foreign manufacturers, exporters, service providers, international companies and investors with commercial debt recovery, enforcement proceedings, commercial litigation, provisional measures and cross-border contractual disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reconstructing undocumented commercial relationships, evaluating invoice and electronic evidence, commencing debt-recovery proceedings and protecting foreign creditors against asset-dissipation risks.

Phone: +90 312 434 22 22

WhatsApp / Mobile: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey