Key points
- A promissory note must contain all elements in TCC Art. 776; a missing element can turn it into an ordinary document outside the special route.
- In the negotiable-instrument route the debtor has 5 days to object in court, and objection stops only the sale (EBL Art. 168-169).
- A post-dated cheque presented early and unpaid cannot be enforced; present it within the legal period from its stated date (Cheque Law Art. 3(8)).
- Claims against the maker of a note become time-barred 3 years after maturity; cheque recourse claims 3 years after the presentation period ends.
- Keep the original instrument safe: the enforcement request must be filed with the original (EBL Art. 167).
Promissory notes (bono) and cheques (çek, a "check" in U.S. usage) are common in Turkish trade. Buyers use them to give sellers a deferred payment that is easier to enforce than an open invoice. For a foreign seller, a note or cheque can be a real advantage when the buyer defaults, because Turkish law provides a special enforcement route for negotiable instruments. The advantage depends on two things: the instrument must be valid on its face, and it must be presented and kept correctly.
This guide is for foreign companies holding notes or cheques issued by Turkish buyers. It covers validity requirements, the special enforcement route, post-dated cheques, limitation periods and the criminal side of bad cheques. For invoice-based claims, see our guide on objections to a payment order.
Ordinary enforcement and the negotiable-instrument route compared#
| Feature | Ordinary enforcement (invoice, contract) | Negotiable-instrument route (note, cheque, bill) |
|---|---|---|
| Basis | Any money claim | A valid negotiable instrument that has fallen due |
| Filing | Request for enforcement with supporting documents | Request with the original instrument and copies (EBL Art. 167) |
| Debtor's response time | 7 days to object at the enforcement office (EBL Art. 62) | 5 days to file objections or complaints with the enforcement court (EBL Art. 168) |
| Effect of objection | Proceedings stop (EBL Art. 66) | Proceedings continue except sale (EBL Art. 169, 170) |
| How the defense is examined | Creditor must apply to court (removal or annulment of objection) | Enforcement court hears the parties within 30 days; payment or extension defenses only on official or signature-acknowledged documents (EBL Art. 169/a) |
| Time to pay | Stated in the payment order | 10 days (EBL Art. 168) |
The practical difference is the burden of action. In ordinary enforcement, the debtor's objection stops the case and the creditor must go to court. In the negotiable-instrument route, the debtor must go to court within 5 days, and its defenses are tested against a strict documentary standard.
Is the instrument valid?#
Promissory notes#
Under Article 776 of the Turkish Commercial Code (Law No. 6102) ("TCC"), a promissory note must contain:
- The words "promissory note" (bono or emre yazılı senet), or the equivalent word in the language in which the note is written.
- An unconditional promise to pay a specific sum.
- The maturity date.
- The place of payment.
- The name of the payee, or the person to whose order payment is made.
- The date and place of issue.
- The maker's signature.
A document missing one of these elements is not a promissory note, subject to a few fallback rules (TCC Art. 777): a note with no maturity is payable at sight; if no place of payment is stated, the place of issue counts as the place of payment and the maker's domicile; and if no place of issue is stated, the place next to the maker's name counts. The maker of a note is liable in the same way as the acceptor of a bill of exchange (TCC Art. 779).
Cheques#
A cheque must contain the word "cheque", an unconditional order to pay a specific sum, the name of the drawee bank, the place of payment, the date and place of issue and the drawer's signature (TCC Art. 780(1)). Since 2016, cheques must also carry the bank's serial number and a QR code. Holders can scan the QR code to see information about the account holder, including the number of cheques previously marked unpaid and any ban on issuing cheques (TCC Art. 780(2)). Scanning the QR code before accepting a cheque is a simple credit check.
Check the signatory. A note or cheque signed for a company binds the company only if the signatory has authority. Compare the signature with the company's signature circular (imza sirküleri) and its registry record before you accept the instrument, not after it is dishonored.
The special enforcement route step by step#
- Request for enforcement. The creditor files a request with the enforcement office, chooses the attachment route (or the bankruptcy route if the debtor is subject to bankruptcy), and attaches the original instrument plus certified copies for each debtor. The route is available even if the claim is secured by a pledge (Article 167 of the Enforcement and Bankruptcy Law (Law No. 2004) ("EBL")).
- Examination by the office. If the enforcement officer sees that the document is a negotiable instrument and has fallen due, the office sends the debtor a payment order with a copy of the instrument (EBL Art. 168).
- Payment order. The order gives the debtor 10 days to pay. It also warns that the debtor must, within 5 days, complain to the enforcement court if it says the document is not a negotiable instrument, deny its signature if it says the signature is not its own, and raise any objection that there is no debt, that the debt was paid or extended, that the claim is time-barred, or that the office lacks jurisdiction (EBL Art. 168).
- Objection hearing. The enforcement court calls the parties to a hearing within 30 days. It accepts a payment, extension or no-debt objection only if the debtor proves it with an official document or one whose signature is acknowledged. It decides a limitation objection based on the date on the instrument (EBL Art. 169/a).
- Signature denial. If the debtor denies its signature, the court examines the signature. If the denial is false and the proceedings were suspended, the debtor is ordered to pay compensation of at least 20% and a fine of 10% of the claim. If the signature is found not to be the debtor's and the creditor acted in bad faith or with gross fault, the creditor faces the same sanctions (EBL Art. 170).
- Continuation. If no objection succeeds, enforcement continues to attachment and sale.
Two further rules matter. The enforcement court may cancel the special proceedings on its own motion if the document is not a negotiable instrument or the creditor has no right under negotiable-instrument law (EBL Art. 170/a). And the general rules on objections, removal and annulment of objections apply where they fit (EBL Art. 170/b), so if the special route fails, an ordinary claim based on the underlying sale remains possible.
Decision point. If the debtor wins its objection, the special proceedings stop, but the creditor keeps the right to sue under the general rules (EBL Art. 169/a). A note that fails on form is not the end of the claim; the sale itself is still the basis.
Post-dated cheques#
Post-dated cheques are widely used in Türkiye as a credit tool. The law treats them carefully.
- Payable at sight. A cheque is payable when presented, and a clause to the contrary is disregarded. A cheque presented before the date written on it is paid on the day it is presented (TCC Art. 795).
- Early presentation and enforcement. If a cheque is presented before its stated date and is not paid in full, no legal proceedings can be taken on that cheque. To enforce a post-dated cheque, the holder must present it to the bank within the legal presentation period counted from the stated date and have it marked unpaid (Article 3(8) of the Cheque Law (Law No. 5941)).
- Presentation periods. A cheque must be presented within 10 days if payable where it was issued, and within one month if payable elsewhere. For a cheque issued in one country and payable in another, the period is one month if both places are on the same continent and three months if they are on different continents. Periods start the day after the date of issue written on the cheque (TCC Art. 796).
- The bank's "no funds" endorsement. On the holder's request, the bank records on the back of the cheque the presentation date, the account status, any amount paid and the unpaid balance; the presenting person and a bank officer sign it (Cheque Law Art. 3(4)). Banks also pay a statutory minimum amount for each cheque presented in time, up to the cheque amount, which the Central Bank resets every January (Cheque Law Art. 3(3)).
Hypothetical example. A German exporter receives a post-dated cheque from a Turkish buyer with an issue date of March 31. Its Turkish agent presents the cheque on March 20 to "test" it, and the bank refuses payment. Under Cheque Law Art. 3(8), the exporter cannot enforce that cheque. Had the agent presented it on April 2 and obtained the "no funds" endorsement, the special enforcement route would have been open.
Limitation periods#
| Instrument | Claim | Period | Starts | Basis |
|---|---|---|---|---|
| Promissory note | Against the maker | 3 years | Maturity date | TCC Art. 749(1), 778, 779 |
| Promissory note | Holder against endorsers | 1 year | Timely protest, or maturity if "return without costs" | TCC Art. 749(2), 778 |
| Promissory note | Endorser against prior endorsers and maker | 6 months | Payment by that endorser or suit against it | TCC Art. 749(3), 778 |
| Cheque | Holder against endorsers, drawer and other cheque debtors | 3 years | End of the presentation period | TCC Art. 814(1) |
| Cheque | Between cheque debtors | 3 years | Payment or suit against the paying debtor | TCC Art. 814(2) |
The cheque period was extended from six months to three years by Law No. 6273 in 2012. Older summaries that still say six months are out of date. Once an instrument is time-barred, the debtor can raise limitation in the 5-day objection, and the court decides on the dates shown on the instrument (EBL Art. 169/a). The creditor can then pursue the underlying sale claim, which has its own limitation period. See our limitation reference table.
The criminal side of bad cheques#
Under Cheque Law Art. 5, a person who causes a cheque to be marked unpaid when it was presented within the legal period, measured from the date written on it, faces a judicial fine of up to 1,500 days for each cheque on the holder's complaint, and a ban on issuing cheques and opening cheque accounts. For a company's cheque, the ban also applies to the persons who signed for it and to its registered officers. The case is heard by the enforcement court.
The criminal procedure can put pressure on a debtor, but it is not a collection tool. The fine goes to the state, not to the creditor, and the creditor must still recover the cheque amount through enforcement.
Foreign currency and foreign sellers#
A note or cheque may be issued in a foreign currency. In the request for enforcement, the creditor states the amount and, for a foreign-currency claim, the date of the exchange rate on which it asks for payment and the interest claimed (EBL Art. 58). Our guide on U.S. dollar claims, currency and interest explains the conversion and interest rules.
A creditor based abroad must give an address in Türkiye in the request; if it does not, the location of the enforcement office is treated as its address (EBL Art. 58). In practice the address of Turkish counsel is used, which requires a power of attorney prepared abroad. See our power of attorney guide.
Securing assets early#
A dishonored note or cheque is often the trigger for a request for precautionary attachment. The creditor of an unsecured money claim that has fallen due can ask the court to attach the debtor's assets as a precaution (EBL Art. 257). Courts usually require counter-security. See our precautionary attachment guide.
Handling the original instrument#
- Keep the original safe. The enforcement request requires the original instrument (EBL Art. 167). Store originals securely and send them to Türkiye only by a tracked method.
- Scan both sides. Keep color scans of the front and back, including endorsements and the bank's "no funds" note.
- Do not alter anything. Do not write on the instrument or complete blank fields without legal advice.
- Record the chain. Note how and when you received the instrument and from whom, especially if it was endorsed to you.
Bottom line#
A valid Turkish promissory note or cheque shifts the burden to the debtor: it has 5 days to go to court, and it can defeat the claim only on strong documents. That advantage is easily lost through a missing element, an early presentation of a post-dated cheque or a lapse of the limitation period. Check the instrument on receipt, present cheques within the legal period counted from their stated date, and start enforcement with the original in hand.
Frequently asked questions
What is the difference between enforcing a note and enforcing an invoice in Türkiye?
With an invoice, the debtor can stop enforcement simply by objecting to the enforcement office within 7 days (EBL Art. 62, 66). With a promissory note or cheque, the debtor must go to the enforcement court within 5 days, and its objection does not stop the proceedings except for sale of attached assets (EBL Art. 168-169). The court accepts payment or extension defenses only on official or signature-acknowledged documents.
The buyer gave us a post-dated cheque. Can we present it early?
Turkish law says a cheque is payable at sight, and a cheque presented before its stated date is paid on presentation if funds exist (TCC Art. 795). But if it is presented early and not paid, no legal proceedings can be brought on that cheque. To enforce it, present it within the legal period counted from the stated date and obtain the bank's 'no funds' (karşılıksızdır) endorsement (Cheque Law Art. 3(8)).
How long do we have to enforce a promissory note?
Claims against the maker become time-barred 3 years after maturity. Claims against endorsers have a shorter period of one year, counted from a timely protest or, if the note says it can be returned without costs, from maturity (TCC Art. 749, applied to notes by TCC Art. 778). If the note is time-barred, the underlying sale claim may still be pursued through ordinary proceedings, subject to its own limitation period.
Is writing a bad cheque a crime in Türkiye?
Yes. On the holder's complaint, a person who causes a cheque to be marked 'no funds' when presented within the legal period can be sentenced to a judicial fine of up to 1,500 days for each cheque and banned from issuing cheques (Cheque Law Art. 5). The case is heard by the enforcement court. The criminal case does not replace civil recovery of the amount.
The note is in English and in U.S. dollars. Is it still a Turkish promissory note?
It can be. TCC Art. 776 accepts the word for 'promissory note' in the language in which the note is written. The other elements, such as the unconditional promise, maturity, place of payment, payee, date and place of issue and signature, must also be present. A foreign-currency claim is requested by stating the currency and the exchange-rate date (EBL Art. 58).
Can we freeze the buyer's assets based on a dishonored note?
Precautionary attachment is available for an unsecured money claim that has fallen due (EBL Art. 257). A dishonored note or cheque is often good supporting evidence, but the court usually asks for counter-security. See our guide on precautionary attachment.
Sources
- Enforcement and Bankruptcy Law (Law No. 2004), Art. 58, 62, 66, 167-170/b, 257 (mevzuat.gov.tr)
- Turkish Commercial Code (Law No. 6102), Art. 749, 776-780, 795, 796, 814 (mevzuat.gov.tr)
- Cheque Law (Law No. 5941), Art. 3, 5 (mevzuat.gov.tr)
- Law No. 6273 (2012), Art. 8, amending TCC Art. 814 (cheque limitation period from six months to three years)
Change log
- : First published.
Law stated as at: October 11, 2026. Leyla Başkaya Şentürk is a lawyer (avukat) admitted to the Istanbul Bar Association, Türkiye (Reg. No. 67063). She advises on Turkish law only, is not admitted to practise law in any U.S. jurisdiction and does not advise on U.S. law. Content on this website is general information, not legal advice, and no outcome is promised. Using this website or submitting the contact form does not create an attorney-client relationship.