Security Deposit to file case in Turkey
There are no major differences to file a case in Turkey as a Turkish citizen or as a foreign national. The only exception is that in some cases, as is explained below, a foreign national might be required to pay a security deposit to the court. But this usually does not apply.
In the International Private and Procedure Law of Turkey, a provision is made, where, “If a foreign individual or a legal person files a lawsuit in Turkey or participates in the proceedings in a Turkish Court or pursues an enforcement proceeding, a security deposit has to be provided to the court in order to cover the costs and expenses of the adverse party.”
However, in the same Law, in article 48/2, the exemption is made, that “The court may exempt the defendant, participant or applicant in an enforcement proceeding on the basis of reciprocity.” I.e., if there is a contractual relationship on the basis of an international treaty between the two countries, reciprocity is satisfied.
Turkey is one of the contracting parties of the Hague Convention, where, in article 17 it is stated:
“No security, bond or deposit of any kind, may be imposed by reason of their foreign nationality, or of lack of domicile or residence in the country, upon nationals of one of the Contracting States, having their domicile in one of these States, who are plaintiffs or parties intervening before the courts of another of those States.”
“The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees.”
Consequently, if the state, of which the foreign individual or legal person is a national, is one of the contacting parties of the Hague Convention, then a security deposit cannot be requested. The Hague Conference has currently 83 Members: 82 States and 1 Regional Economic Integration Organisation, and most foreign nationals should be covered by the Convention.
Apart from that, reciprocity can also be satisfied if a bilateral agreement exists between Turkey and those states which are not contracting parties to the Hague Convention.
The Requirements For The Content Of The Lawsuit in Turkey
After explaining the issue of whether a security deposit must be paid when filing a lawsuit in Turkey, we would like to cover the manner with which the lawsuit should be drafted so that it satisfies the Turkish Procedure Law. There, in article 119, the requirements for the content of the lawsuit are set out, and the following have to be included:
• Name of the Court
• The name and address of the plaintiff and of the defendant
• If the plaintiff is a Turkish citizen, the Turkish ID Number
• If the parties have a lawyer, the names and addresses of the lawyers
• Subject of the case and the amount of the dispute
• Summaries of all the claims
• Legal reasons for the case
• The signature of plaintiff
Once the lawsuit has been drafted according to the above, it can be submitted to the court.
As a foreign national, if you have a legal reason for filing a case and if you need assistance to file your case in Turkey, we, at Ut-Legal, are based both in the UK and in Turkey and can help you in your legal issues.