Koca & Ersöz Hukuk Bürosu / Anwaltskanzlei

Service by Turkish Courts

Persons living in Germany who are involved in a legal dispute in Turkey may receive summonses or documents such as statements of claim, expert opinions, etc. from Turkish courts in connection with the legal dispute. Depending on their nationality, Turkish nationals will be served by the consulate and German nationals (or Blue Card holders) by the local court at their place of residence. Upon receipt of this notification, there is usually a statutory period of 14 days to respond to the complaint or to object to the expert opinion. Within this period, the parties concerned may respond to the complaint in person before the court in Turkey or through a lawyer and represent themselves in the proceedings. 

Sometimes these time limits are too short for the persons concerned. In Germany, for example, 14 days is not enough time to understand the content of such a notice, to consult a lawyer and then to grant power of attorney through the notary or the consulate. In this case, if you are working with a lawyer, your lawyer can apply for an extension of the deadline via the Turkish digital judicial system UYAP before the deadline expires and declare to the court that the power of attorney will be received within this period. In this case, you will not lose your rights. Usually, an extension of 2 to 4 weeks will be granted after the regular deadline. Your lawyer can then represent you at the hearing by filing the defence and the power of attorney with the court. 

Unfortunately, it is not possible to file a statement of defence through the consulate or the local court. Even people in Turkey who have a power of attorney but are not lawyers cannot file a statement of defence for you. Representation in court in Turkey is only possible through lawyers who are members of the Turkish Bar Association. Lawyers working in Germany under German law cannot respond to these summonses and, if they are not admitted in Turkey, are not entitled to represent you in a Turkish court. 

It is therefore advisable to respond quickly to any letters you receive. You should seek legal advice to find out what is involved and what your rights are. Your lawyer can also explain the possible consequences if you do not respond or do not instruct a lawyer. In this way, you can make more informed decisions about the case you are involved in, knowing your rights. As lawyers registered with the Turkish Bar Association, we can provide you with the necessary preliminary information through a preliminary consultation in this area. Please contact us to make an appointment.

You can fill out the form on our website to share your inquiries with us without any obligation, or you can call us.

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