Banking and loan disputes
For individuals and businesses in a dispute with a bank over a loan, a card, a frozen account or an unauthorised transaction, we explain which routes are open and handle the process.
Banking and finance law covers credit relationships, security, bank and credit cards, payment services and the rules banks must follow. Loan and card agreements are long and technical; when a dispute arises, which clause applies and which fee was justified often only becomes clear after a careful review.
For individuals, we assist with enforcement proceedings (icra takibi) started over credit card or loan debt, refunds of the loan allocation fee (kredi tahsis ücreti, formerly called the file fee or dosya masrafı) and other charges, the bank's liability for unauthorised withdrawals and card fraud, and disputes arising from guarantees (kefalet). Disputes between a bank and a consumer fall under the Consumer Protection Law No. 6502.
Where an account has been frozen, we identify the reason (an enforcement office attachment, a tax office attachment, a court or prosecutor's order, or the bank's own contractual rights) and set out how to have it lifted or limited. For businesses, we review loan and security agreements, handle mortgages and pledges, and advise and litigate in commercial disputes with banks.
This page is about legal disputes with banks, not about loan or card products. For interest rates or restructuring offers, please use your bank's own channels; we step in when a dispute arises and assess your rights and deadlines.
When you may need this
- I have received a warning letter from the bank's lawyer, or a payment order from the enforcement office, over credit card or loan debt.
- My bank account has been frozen and I do not know why.
- I want to recover the file fee or other charges taken when I took out a loan.
- Money was taken from my account or card through transactions I did not make, and the bank denies responsibility.
- I guaranteed someone else's loan and the bank is now pursuing me.
- My debt has been sold to an asset management company (varlık yönetim şirketi), which is now demanding payment.
- We want a loan, security or mortgage agreement for our company reviewed before signing.
- The bank has set off money in my account against a debt under the loan agreement.
How the process works
- 01
Reviewing the documents
We review the agreement, account statements, repayment schedule, correspondence with the bank and any enforcement papers. If enforcement has started, we check at the first meeting whether the deadlines running from service of the payment order are still open.
- 02
Written application to the bank
Objections, fee refund requests or reports of unauthorised transactions are sent to the bank in writing and the reply is documented. Where useful, a complaint to the Banking Regulation and Supervision Agency (BDDK) or, for payment services and card transactions, to the Central Bank of the Republic of Turkey is considered.
- 03
Consumer arbitration, mediation or objection
For consumer disputes below the statutory monetary threshold, applying to the consumer arbitration committee (tüketici hakem heyeti) is mandatory; above the threshold, mediation must be tried before a lawsuit. In enforcement proceedings, an objection to the payment order can be filed within seven days.
- 04
Litigation and enforcement remedies
If no settlement is reached, a lawsuit is filed before the consumer court or, in commercial relationships, the commercial court of first instance; if you deny the debt, an action for a declaration of non-indebtedness (menfi tespit) or for recovery of payment (istirdat) may follow. For attachments and freezes, we use complaints to the enforcement court.
- 05
Criminal route
In card or account fraud, a criminal complaint is filed with the public prosecutor; this runs separately from the civil claim against the bank. We follow up on obtaining the bank's records and transaction data for the file.
Services in this area
- Objections and defence in enforcement proceedings over credit card and loan debt01
- Refunds of loan allocation fees (file fees) and other bank charges02
- Applications to lift account freezes and attachments03
- Bank liability for unauthorised transactions and card fraud04
- Disputes arising from guarantees05
- Disputes over debts assigned to asset management companies06
- Review of loan and security agreements07
- Mortgage and pledge transactions08
- Consumer arbitration, mediation and consumer court proceedings09
Documents worth bringing
- The loan or card agreement, repayment schedule and other bank forms you signed
- Account and card statements, especially for the period with the disputed transactions
- Your applications to the bank, call centre reference numbers and the bank's replies
- Any warning letter, payment order or attachment notice, with the dates they were served
- The guarantee agreement and, if any, your spouse's written consent
- For unauthorised transactions: a record of when you blocked or reported the card, the SMS messages received, and any complaint to the prosecutor
- The notice of assignment from an asset management company
- For businesses: trade registry documents, security and mortgage papers
How fees and costs are determined
Legal fees are agreed in a written fee agreement between lawyer and client. Under Turkish law the fee cannot be lower than the Minimum Attorney Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations, and it is subject to the limits in Article 164 of the Attorneys' Act No. 1136, including a cap of twenty-five per cent of the value in dispute. The fee is agreed at the outset depending on the stage (objection, arbitration committee, lawsuit, enforcement).
Applying to the consumer arbitration committee is free, and lawsuits filed by consumers before the consumer courts are exempt from court fees, although costs such as expert and service fees may arise. In mandatory mediation, if the parties do not settle, the mediator's fee is first paid by the state under the statutory procedure and later added to the court costs. The losing party bears the costs and pays the other side's statutory attorney fee under the AAÜT; in enforcement proceedings, the creditor's attorney fee under the tariff is likewise charged to the debtor.
Frequently asked questions
What happens when credit card debt goes to enforcement in Turkey?
The bank can close the unpaid card and start enforcement proceedings, and you will be served with a payment order. If you dispute the debt, the interest or the amount, you can object to the enforcement office within seven days of service; without an objection the proceedings become final and attachment can follow. Once enforcement starts, costs and a tariff-based attorney fee are added to the debt; a payment arrangement with the bank is still possible within the enforcement file.
Can a law firm freeze my bank account?
No. A lawyer or law firm cannot freeze your account on its own; an attachment can only be placed through an attachment notice sent by the enforcement office to the bank (Article 89 of the Enforcement and Bankruptcy Law, İİK). A tax office, a court or prosecutor's order, or the bank's own contractual rights can also lead to a freeze. The first step is to ask the bank in writing which authority and file number the freeze relates to.
How can I get a loan file fee refunded?
Banks may charge a loan allocation fee within the limits set by regulation; fees exceeding that limit or charged without a corresponding service can be reclaimed. First apply to the bank in writing; if that fails, go to the consumer arbitration committee if the amount is below the monetary threshold, or to the consumer court after mediation if it is above. If the fee was paid long ago, the limitation period needs to be checked separately.
Money was withdrawn from my account without my permission. What should I do?
First call the bank to block the card or online banking and keep a record of the time you reported it; then send a written application to the bank and file a criminal complaint with the prosecutor. Under the law, if a card is lost or stolen, the cardholder's liability for unauthorised use in the 24 hours before reporting is limited to a fixed amount set by statute, unless there was gross negligence or intent. Shortcomings in the bank's security measures are decisive in how liability is shared.
How do I bring a claim against a bank in Turkey?
As a consumer, if the value of the dispute is below the monetary threshold updated every year, you must apply to the consumer arbitration committee. Above the threshold, mediation comes first, and if it fails a lawsuit is filed at the consumer court. For commercial loans, mediation is also a precondition for money claims, and the case is heard by the commercial court of first instance.
Can the bank pursue me as a guarantor?
Yes, if the guarantee is valid. For validity, the guarantee must be in writing, the maximum amount and the date must be written in the guarantor's own handwriting (Article 583 of the Turkish Code of Obligations, TBK), and in most cases the spouse's written consent is required (Article 584 TBK). The type of guarantee (ordinary or joint and several) determines whom the bank can pursue first. If these conditions are missing, the enforcement can be challenged.
Do I need a lawyer for a dispute with a bank?
You can apply to the arbitration committee and object to a payment order yourself. However, because the objection period is only seven days, the contract terms are technical and choosing the wrong route costs time, legal support is advisable, especially for enforcement proceedings, account freezes and high-value disputes.
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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