Security for Costs for Foreign Claimants in Türkiye
If you are a foreign person or company bringing a case in a Turkish court, the court may order you to put up money first, called security for costs ( yabancılık teminatı ). It is a deposit that covers court costs and the other side's possible expenses if your case fails, and it is set under the Code of Civil Procedure (HMKHMKCode of Civil Procedure No. 6100The rulebook for how a civil case actually runs in Türkiye — which court, which steps, which deadlines, and what evidence counts.Glossary →), Article 84. The good news: a treaty or a reciprocity arrangement between Türkiye and your country can exempt you from it entirely. Whether it applies is not the same for everyone, so this is something to budget for and to confirm with your lawyer early. This guide explains when it comes up, who it hits, how to get out of it, and how it fits a foreign-judgment case.
What is security for costs (yabancılık teminatı)?
Security for costs is a deposit a foreign claimant may be ordered to post at the start of a Turkish court case. It is not a fine and not a fee you lose. It is money held in reserve so that, if your case is dismissed, there is something to cover court costs and the other side's litigation expenses.
The rule sits in the Code of Civil Procedure (HMK), Article 84. In plain terms: when the person bringing the case is foreign, the court can require security before the case moves forward. The idea is simple fairness to the defendant, who might otherwise win and be left chasing a claimant with no assets in Türkiye.
Because this is a claimant-side rule, it matters most to you when you are the one filing, including when you file to enforce a foreign judgment. If you are on the receiving end of enforcement, see defending against enforcement instead.
Which of these is your situation?
Who actually has to post it, and who doesn't?
Answer first: the requirement targets a foreign claimant, the person or company bringing the case, not the defendant. If you are suing in Türkiye or filing to enforce a foreign judgment here, you are the claimant, so you are the one who may be asked.
Being "foreign" is generally about your nationality or where your company is based, not simply where you happen to live. Two people from the same country can be treated the same way even if one is temporarily in Türkiye. Whether the requirement is actually imposed depends heavily on which country you come from, because of treaties and reciprocity (covered next).
- Usually in scope: a foreign individual or foreign-registered company filing a lawsuit or an enforcement (tenfiz) action in Türkiye.
- Usually not the target: the Turkish defendant, and claimants who fall under a treaty or reciprocity exemption.
Can a treaty or reciprocity exempt me from posting security?
Yes. This is the key point. Türkiye is party to international conventions and bilateral agreements that waive security for costs for nationals of the states they cover. Where such a treaty applies to your country, you should not have to post it. Where there is a reciprocity practice (Turkish claimants are not made to post security in your country, so your claimants are not made to post it here), the exemption can also apply.
Because the answer turns on your specific country and the specific treaty, it is not uniform. Two foreign claimants in the same courthouse can be treated differently. That is exactly why you confirm your position before you file, rather than assume.
| Situation | Likely outcome on security |
|---|---|
| Your country is covered by a treaty with Türkiye that waives security | Generally exempt, no deposit |
| Reciprocity exists in practice (each side spares the other's claimants) | Often exempt, confirm case by case |
| No treaty and no established reciprocity | Court may order security under HMK 84 |
| Unclear or unconfirmed status | Treat as possible, budget for it |
The reciprocity that exempts you from security is a different question from the reciprocity condition for enforcing a foreign judgment. For the latter, read reciprocity and where your country stands.
Does it apply when I am enforcing or recognising a foreign judgment?
Answer first: it can. Filing an enforcement action (tenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary →, which makes a foreign judgment executable in Türkiye like a local one) or a recognition action (tanımaTanımaRecognition of a foreign judgment in TürkiyeThe court decision that makes a foreign judgment legally effective in Türkiye as proof — without, by itself, making it enforceable.Glossary →, which gives it binding effect as res judicata) means you are the claimant, so HMK Article 84 can be raised against you unless an exemption applies.
Here it helps to keep two "reciprocity" ideas apart, because they are easy to confuse:
- Reciprocity to enforce. Enforcement (tenfiz) requires reciprocity between Türkiye and the country of origin as one of its conditions. Recognition (tanıma) does not require reciprocity. See recognition vs enforcement and the full conditions to enforce.
- Reciprocity/treaty to skip security. This is the separate, procedural question of whether you must post a deposit to bring the case at all.
If your case involves a foreign arbitral award rather than a court judgment, the enforcement regime is different (the 1958 New York Convention route), but you are still a claimant filing in a Turkish court. See enforcing a foreign arbitral award.
If the court asks me for security, it means the judge already doubts my claim.
It is a procedural gate, not a verdict. You can have an excellent case and still be asked to post security first, and posting it does not make your case stronger. It exists to protect the defendant against unrecovered costs if the claim fails.
Security for costs is a fee I lose, or money paid to my opponent.
It is a deposit, not a fine and not a payment to the other side. It is money held in reserve to cover court costs and the defendant's potential expenses if the case is dismissed. As a deposit, it can generally be recovered under the court's rules if your case succeeds.
Every foreigner is treated the same way, so I already know what to expect.
It turns on your specific country. Türkiye is party to conventions and bilateral agreements that waive security for nationals of the states they cover, and a reciprocity practice can have the same effect. Two foreign claimants in the same courthouse can be treated differently.
My country has reciprocity with Türkiye for enforcing judgments, so I am exempt from security too.
These are two different questions. Reciprocity is a condition for enforcement (tenfiz) and is not required for recognition (tanıma). The treaty or reciprocity that exempts you from posting security is a separate, procedural matter, so clearing one does not automatically clear the other.
How much is it, in what form, and when do I pay?
Answer first: the court sets the amount by reference to the likely court costs and the other side's potential expenses in your particular case, so there is no fixed figure to quote. It is typically ordered early, once the court sees that a claimant is foreign and no exemption is shown, and it usually must be provided within a period the court sets before the case proceeds.
What the deposit looks like in practice:
- Form: commonly cash paid into the court or a bank guarantee, in the way the court directs.
- Timing: near the outset; the case can be held up until security is provided.
- Adjustment: the amount can be revisited as the case develops and costs become clearer.
- Return: it is a deposit, not a payment to the other side. If your case succeeds, you should be able to recover it under the court's rules; if it fails, it is there to meet the costs it was set aside for.
For a wider view of the money and time involved in a foreign-judgment case, see how long it takes and what it costs.
Does posting security change my chances of winning?
No. Security for costs is a procedural gate, not a verdict. Posting it does not make your case stronger, and being asked for it does not mean the court doubts your claim. It only protects the defendant against unrecovered costs if you lose.
Two things follow from that. First, treat the deposit as a cash-flow item to plan for, not a signal about the outcome. Second, if you believe an exemption applies, the fight is worth having early, because winning the exemption argument spares you from tying up funds for the length of the case.
Once a tenfiz judgment is in hand, collection happens separately, against assets in Türkiye through the enforcement offices under the Enforcement and Bankruptcy Act (İİKİİKEnforcement and Bankruptcy Law No. 2004The Turkish statute governing how debts are collected by force — enforcement proceedings, attachment, sale and bankruptcy.Glossary →). That later stage is covered in enforcing against assets in Türkiye.
How should I plan and budget for this before I file?
Answer first: build security for costs into your budget as a possible line item, confirm your treaty and reciprocity position through Turkish counsel, and, where an exemption applies, make sure it is raised in your first filing. A little planning here avoids a mid-case scramble for funds.
A practical sequence:
- Check your status early. Have counsel confirm whether your country's treaty or reciprocity exempts you before you file.
- Budget conservatively. If your status is unclear, plan as though security may be required, then adjust down if the exemption is confirmed.
- Prepare the case documents in parallel. A foreign judgment or award still needs to be final (kesinleşmiş), apostilled or consular-legalised, and accompanied by a sworn Turkish translation. See the documents for a tenfiz case.
- Use a power of attorney. A power of attorney (vekâletname) lets a Türkiye-bar lawyer run the whole matter, including any security question, without you travelling.
For the broader engagement, our recognition and enforcement of foreign judgments service and our debt collection and enforcement service handle cases from first filing through collection. If you want your specific position and likely costs reviewed, you can tell us about your matter.
This article is general information about Turkish law and is not legal advice; for advice on your specific situation, consult a qualified lawyer.
The separate route for enforcing a foreign arbitral award rather than a court judgment — you are still a claimant filing in a Turkish court.
Governs the later stage, where a tenfiz judgment is collected against assets in Türkiye through the enforcement offices.
What to gather before you speak to a lawyer
Security for costs is a threshold question that is best settled before you file rather than mid-case. These are the facts and papers that let counsel check your position quickly.
Frequently asked questions
What is yabancılık teminatı in plain English?
It is security for costs, a deposit that a foreign claimant may be ordered to post when bringing a case in a Turkish court. It is set under HMK Article 84 and is meant to cover court costs and the other side's potential expenses if the case fails. It is a refundable-style deposit, not a fine or a payment to the opponent.
Do I always have to pay security for costs as a foreigner?
No. Whether it is imposed depends on your country. If a treaty between Türkiye and your country waives it, or if there is a reciprocity practice, you may be exempt. Because it is not uniform, confirm your position with Turkish counsel before you file rather than assuming.
Does security for costs apply to enforcing a foreign judgment (tenfiz)?
It can, because filing a tenfiz or recognition (tanıma) action makes you the claimant, and HMK Article 84 targets foreign claimants. The security question is separate from the enforcement conditions themselves. A treaty or reciprocity exemption, if it applies to your country, can remove the security requirement.
How much is the security, and do I get it back?
There is no fixed figure; the court sets the amount based on the likely court costs and the other side's potential expenses in your specific case. It is usually posted early, often as cash or a bank guarantee. As a deposit, it can generally be recovered under the court's rules if your case succeeds.
Is the reciprocity for skipping security the same as reciprocity to enforce a judgment?
No, they are two different questions. Enforcement (tenfiz) requires reciprocity as a condition, while recognition (tanıma) does not. The reciprocity or treaty that exempts you from security for costs is a separate, procedural matter, so clearing one does not automatically clear the other.
Can my lawyer handle the security question without me travelling to Türkiye?
Yes. A power of attorney (vekâletnameVekâletnamePower of attorneyThe notarised document that authorises a Turkish lawyer to act for you — the reason most matters can be handled without you travelling.Glossary →) lets a Türkiye-bar lawyer run the whole matter remotely, including checking your exemption, raising it in the first filing, and arranging any deposit the court orders. You generally do not need to appear in person for these steps.
