Recovering Money Lent Without a Written Note in Türkiye

Money can be transferred as a loan repayable by the recipient, a gift, payment of an existing debt, or for another purpose. A dispute often concerns why money was transferred, not whether it was transferred. Article 386 of the Turkish Code of Obligations describes a consumption loan as a transfer of money or consumables against an undertaking to return the same kind and quantity.

Under Civil Procedure Code Article 200, legal transactions above the applicable monetary threshold generally require proof by a written instrument, subject to statutory exceptions. The threshold is adjusted annually; Article 200 and additional Article 1 use the amount applicable when the transaction was made. Verify the relevant year's official amount. The other party's explicit consent may permit witnesses under Article 200(2).

Proof of a bank transfer does not automatically prove that the money was lent. In E.2023/2986, K.2024/1491, 30 April 2024, the Court of Cassation's 3rd Civil Chamber treated an unexplained transfer as a payment in the circumstances and required the sender to prove it was a loan. It upheld dismissal because the messages did not establish the alleged loan. Cash transfers can require additional evidence of both delivery and purpose.

Electronic messages and emails can be documents. Article 202 permits witness evidence when a document originating from the person against whom it is invoked or that person's representative makes the alleged transaction probable, even if insufficient by itself. The court assesses authorship, authenticity and content; a message sent only by the claimant without a relevant acknowledgement is not automatically an admission.

In E.2023/2258, K.2024/421, 25 January 2024, the 3rd Civil Chamber considered emails together with the defendant's examination and other procedural circumstances. It upheld the finding that the loan relationship was proved. Preserve original devices and the context, dates and account details.

Article 203 includes transactions between certain relatives, including spouses, siblings and direct descendants or ascendants; transactions customarily not documented given their nature and the parties; and transactions made where obtaining a document is impossible or extraordinarily difficult. It also covers specified defective-consent, exploitation, third-party sham and document-loss situations. Friendship alone is not a named blanket exception.

Under Article 392, if no fixed day, notice period or repayment on demand was agreed, the borrower need not repay before six weeks have elapsed from the first demand. Preserve proof of the demand. When the debt becomes due and when default begins are distinct questions; Article 117 governs notice and its exceptions.

General enforcement without a judgment may be commenced without a promissory note. A timely objection generally stops the contested enforcement. Removal of objection under Enforcement Law Article 68 requires an eligible document. An action for annulment of objection may be brought within one year of notification of the objection under Article 67; a direct debt action is another possible route. A negotiable instrument follows different rules.

Payment order guide · Promissory note enforcement · Negative declaratory action

Mandatory mediation depends on the legal character of the dispute, including applicable commercial or consumer rules; an ordinary personal loan is not automatically a commercial case. Voluntary mediation may be considered. Interest depends on the agreement, legal rules and default. Article 146 generally provides ten years unless another period applies. Under Article 149 time generally runs from maturity, or from when notice could be given if maturity depends on notice.

Failure to repay alone generally raises a civil dispute. Fraud under Criminal Code Article 157 requires its own statutory elements, including deceptive conduct. An allegation that deception occurred when the loan was obtained must be assessed on its own evidence; non-payment alone does not establish it.

Keep original transfer records and descriptions, messages from the alleged borrower, repayment requests, partial repayments and available witness details. Example: after an unexplained transfer, a recipient writes that they will repay their debt at the end of the month. The message may be preliminary evidence if statutory conditions are met; its authorship and context matter. A sibling transaction may fall within the statutory witness exception. Examples do not guarantee a result.

Civil Procedure Code No. 6100, Articles 199–203 and additional Article 1; Code of Obligations No. 6098, Articles 117, 146, 149, 386 and 392; Enforcement and Bankruptcy Law Articles 67–68; Criminal Code Article 157; Court of Cassation, 3rd Civil Chamber E.2023/2986 K.2024/1491 and E.2023/2258 K.2024/421.