How to Recover Money Lent to a Friend in Türkiye: Proving an Undocumented Loan, Bank Transfers, Messages and Enforcement

Money lent to a friend in Türkiye and not repaid can be reclaimed even if no promissory note was taken. Legally, the arrangement is a loan for consumption under the Turkish Code of Obligations and is not subject to any written form; however, loans above the threshold applicable in the year they were made must be proven by a written document, and this threshold is TRY 41,000 in 2026. Bank receipts, the borrower's messages and partial repayments can be used as proof. The claim is pursued through non-judgment enforcement proceedings; if the borrower objects, an action to set aside the objection is filed within one year, and a borrower whose objection is unjustified may be ordered to pay enforcement denial compensation of at least twenty percent of the claim.

This article covers the legal nature of money lent to a friend, acquaintance or relative, the documentary evidence rule and its exceptions, how loans made by bank transfer, in cash or evidenced by messages are proven, the consequences of having taken a promissory note, demanding repayment and maturity, enforcement proceedings and the action to set aside an objection, and the limitation period.

The Legal Nature of Money Lent to a Friend

When a person gives money to a friend on the understanding that it will be repaid, this is a loan for consumption governed by article 386 of the Turkish Code of Obligations. Under this agreement, the lender undertakes to transfer a sum of money to the borrower, and the borrower undertakes to return the same amount. The validity of the agreement is not subject to any form; an oral agreement between the parties is sufficient. The absence of a written agreement or promissory note therefore does not extinguish the debt; it only raises a question of proof.

In non-commercial loans, the borrower must pay interest only if this was agreed. Interest and similar additional obligations may be agreed expressly or may be inferred from the parties' correspondence and conduct. Once the borrower is in default, statutory default interest may also be claimed. If no repayment date was agreed, the borrower must repay at the end of a period of six weeks from the first demand (Code of Obligations arts. 387 and 392).

The Documentary Evidence Threshold and Witnesses

Under article 200 of the Code of Civil Procedure, legal transactions whose amount at the time they were made exceeds the statutory threshold must be proven by a written document. The threshold is increased each year by the revaluation rate; it was TRY 33,000 in 2025 and is TRY 41,000 in 2026. The relevant threshold is the one applicable in the year the loan was made. Even if the debt later falls below the threshold through partial repayments, the documentary evidence rule continues to apply.

For example, a person who lends a friend TRY 50,000 in 2026 must, as a rule, prove the loan by a written document, whereas a loan of TRY 30,000 may also be proven by witnesses. Where documentary evidence is required, witnesses may be heard only in the following cases:

• The other party expressly consents to witnesses being heard after being reminded of the rule
• There is a document qualifying as a beginning of written proof
• The loan was made between descendants and ascendants, siblings, spouses, or parents-in-law and children-in-law

Since this list is exhaustive, the close-relative exception does not apply to loans between friends, colleagues, neighbours, cousins or fiancés (Code of Civil Procedure arts. 200, 202 and 203). For loans between such persons, the decisive question is whether there is a document that can qualify as a beginning of written proof.

Proving a Loan Made by Bank Transfer

Money sent through a bank conclusively shows that the money was sent, but does not by itself show why. Under the settled case law of the Court of Cassation, a bank transfer is a means of payment, and where a transfer is made without a description it is presumed that the money was sent to pay an existing debt. The burden of rebutting this presumption, that is, of proving that the money was given as a loan, lies with the sender.

A receipt with an empty description field, or one showing only a name, may therefore not be considered sufficient to prove a loan. The receipt should be assessed together with the borrower's messages acknowledging receipt of the money and the obligation to repay it, partial repayments or written statements. Writing in the description field, when the money is sent, that it is given as a loan makes proof considerably easier in any later dispute.

In practice, borrowers frequently argue that the money was a gift, the repayment of an earlier debt or a contribution to a shared expense. Against such defences, the correspondence at the time the money was sent and the borrower's subsequent conduct are of decisive importance.

Are WhatsApp and Other Messages Evidence?

The Code of Civil Procedure expressly recognises electronic data as documents. WhatsApp, text message or e-mail correspondence can therefore be used as evidence of a loan. Messages sent by the borrower personally that make the loan probable are treated as a beginning of written proof, and where such a beginning of proof exists, witnesses may be heard even for loans that must be proven by a written document.

Messages that clearly acknowledge the existence and amount of the debt constitute an out-of-court admission, which the judge assesses freely. The weight of brief promises of payment that do not expressly mention the debt depends on whether the conversation as a whole shows which debt they relate to. It is therefore necessary to keep not only selected screenshots but the entire conversation, to preserve the phone containing the messages and to show that the number belongs to the borrower; if the content is disputed, the court may order an expert examination.

Recording telephone conversations without the other party's knowledge requires a separate assessment. Since unlawfully obtained evidence cannot be taken into account by the court, relying on secret recordings may be risky.

Cash Loans and Cases with No Documents

Since a cash loan leaves no bank record, proof relies entirely on the borrower's written statements and conduct. Messages in which the borrower acknowledges receiving the money, any note or document signed by the borrower and partial repayments are important in this respect. If the amount is below the documentary evidence threshold, witnesses may be heard.

Where there is no document at all, the last resort is the oath. The lender may require the borrower to take an oath on whether the money was lent. A party who refuses to take the oath or to return it is deemed to have admitted the fact. To rely on the oath, it must have been indicated as evidence in the statement of claim or within the period provided by law.

Partial repayments by the borrower deserve separate attention. They are strong evidence supporting the existence of the debt and, since they amount to an acknowledgement of the debt by the borrower, they also interrupt the limitation period. The account from which, the dates on which and the description with which repayments were made should be documented with receipts.

Where a Promissory Note Was Taken

If a promissory note signed by the borrower was taken when the money was lent, the problem of proof largely disappears. In enforcement proceedings based on a note whose signature the borrower acknowledges or which is notarised, if the borrower objects, the lender may ask the enforcement court to lift the objection within six months of service of the objection; this route is much faster than filing an action before the ordinary courts (Enforcement and Bankruptcy Law art. 68).

If a bill of exchange-type promissory note (bono) or a cheque was taken for the loan, proceedings can be brought through the attachment procedure specific to negotiable instruments. In these proceedings, the borrower's time limit and grounds for objection are more restricted, and the objection is made to the enforcement court rather than the enforcement office. For the note to be valid as a negotiable instrument, it must contain the mandatory elements required by law; an incomplete note remains usable as an ordinary acknowledgement of debt.

Demanding Repayment and Maturity of the Debt

If a repayment date or schedule was agreed, expressly or implicitly, the debt becomes due automatically on those dates. If not, the borrower must repay at the end of six weeks from the first demand. The demand is not subject to any form.

The borrower is in default from the date on which a due debt is not paid and the lender has sent a warning, and statutory default interest runs from that date. Clearly stating in the warning letter the amount of the debt, the bank account for payment and the period allowed for payment is helpful for subsequent enforcement proceedings and litigation.

Enforcement Proceedings, the Action to Set Aside an Objection and Enforcement Denial Compensation

The most common route for recovering the claim is non-judgment enforcement proceedings. Since money debts are, as a rule, payable at the creditor's domicile, the lender may also start proceedings at the enforcement office of the lender's own place of residence. If the borrower objects within seven days of service of the payment order, the proceedings are stayed.

Following an objection, the lender may file an action to set aside the objection before the ordinary courts within one year of service of the objection. In this action, the existence of the debt is examined under the rules of evidence explained above. If the court finds the objection unjustified, the proceedings continue from where they stopped. If the claim is certain or can be determined from documents, the borrower is ordered to pay enforcement denial compensation of not less than twenty percent of the claim; for a claim of TRY 100,000, for example, this compensation is at least TRY 20,000. Conversely, if the proceedings are found to have been unjustified and in bad faith, compensation at the same rate may be awarded against the lender (Enforcement and Bankruptcy Law art. 67).

If the one-year period is missed, the claim does not lapse; the lender may file an ordinary debt collection action, but enforcement denial compensation cannot then be claimed. If the parties are not merchants and the loan is not related to a commercial activity, prior application to a mediator is not mandatory. Where there is a risk that the borrower will dispose of assets, a precautionary attachment may be requested from the court for a money claim that has fallen due; the court will as a rule require security.

The Limitation Period for a Loan

A claim arising from a loan for consumption is subject to the general ten-year limitation period. The period starts to run from the date the claim falls due. For a loan with no agreed repayment date, since maturity depends on the lender's demand, the period runs from the day on which the demand could be made, which as a rule is the day the money was given (Code of Obligations arts. 146 and 149).

Acknowledgement of the debt by the borrower, a partial repayment, the start of enforcement proceedings by the lender or the filing of an action interrupts the limitation period, which then starts to run again (Code of Obligations art. 154). The court does not take limitation into account of its own motion; the borrower must raise this defence in time.

Deadlines and the Consequences of Missing Them

Frequently Asked Questions

Conclusion

Money lent to a friend is based on a valid loan for consumption and can be reclaimed even without a written agreement or promissory note. The real issue is proof: loans above the threshold applicable in the year they were made require a written document, and the close-relative exception does not apply between friends. Bank transfers with a description, the borrower's messages acknowledging the debt and partial repayments should therefore be assessed together, and documents that may qualify as a beginning of written proof should be preserved in full. If the loan is not repaid, enforcement proceedings can be initiated and, if the borrower objects, an action to set aside the objection should be filed within the one-year period.

If a loan you made has not been repaid, you can contact us to assess the options available for recovering your claim.