Counterclaim in Turkish Judicial Proceedings: A Guide for European Clients
Counterclaim proceedings (karşı dava) in Turkey are a vital tool in judicial practice, enabling defendants to assert their claims against plaintiffs within the same legal process. Governed by the Turkish Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK), specifically Articles 132–134, counterclaims allow defendants to protect their interests efficiently, reduce time and financial costs, and consolidate related disputes into a single proceeding. Recent judicial practice in Turkey highlights the frequent use of counterclaims in disputes involving commercial transactions, real estate, and contractual obligations, making this mechanism particularly relevant for European clients operating in or with Turkey.
What is a Counterclaim?
A counterclaim is an independent claim filed by the defendant against the plaintiff in response to the initial lawsuit. It is adjudicated within the same judicial proceeding, eliminating the need for a separate case. The primary purpose of a counterclaim is to safeguard the defendant’s rights, challenge the plaintiff’s claims, or seek compensation for damages related to the dispute.
Example: If a plaintiff files a lawsuit to recover a debt, the defendant may file a counterclaim seeking, for instance, the invalidation of the contract or compensation for breach of contract terms.
Conditions for Filing a Counterclaim in Turkey
To file a counterclaim in a Turkish court, the following conditions, outlined in Articles 132–134 of the HMK, must be met:
Connection to the Original Claim: The counterclaim must be related to the subject matter or underlying reasons of the initial lawsuit. For example, in a dispute over a contract, the counterclaim may address its performance or termination.
Filing Deadline: The counterclaim must be submitted alongside the response to the initial claim (cevap dilekçesi) within the court-specified timeframe, typically two weeks from receiving the initial claim (Article 132 HMK). The court may extend this period for valid reasons.
Court Jurisdiction: The counterclaim must fall within the jurisdiction of the same court handling the initial claim. If it exceeds the court’s competence, it may be dismissed.
Independent Claim Requirements: The counterclaim must be formatted as a complete legal claim, including clear demands, facts, and evidence.
Turkish judicial practice emphasizes strict adherence to these conditions. For instance, in the case Yargıtay 11. Hukuk Dairesi, E. 2019/1234, K. 2020/567, a counterclaim was dismissed due to its lack of connection to the original claim, underscoring the importance of compliance with HMK requirements.
Procedure for Filing a Counterclaim
Document Preparation: The defendant prepares a counterclaim statement, including:
Description and justification of the claims.
Indication of the connection to the original claim.
List of evidence (contracts, correspondence, financial documents, etc.).
Payment of the court fee (harç), calculated based on the claim’s value, as per the Law on Court Fees No. 492.
Submission to Court: The counterclaim is filed via Turkey’s electronic judicial system (UYAP) or directly with the court (Article 445 HMK). Adhering to the response deadline is critical.
Court Review: The court assesses whether the counterclaim meets procedural requirements. If accepted, it is adjudicated alongside the original claim, saving time and resources for both parties.
Judicial Decision: The court issues a ruling on both the original and counterclaims, which may be fully or partially upheld, dismissed, or combined based on the case’s circumstances.
Advantages of a Counterclaim
Time and Cost Efficiency: Consolidating all claims into one proceeding reduces judicial expenses and duration.
Comprehensive Dispute Resolution: Counterclaims allow all aspects of a conflict, including mutual claims, to be addressed simultaneously.
Strategic Leverage: Defendants can use counterclaims to challenge the plaintiff’s position or negotiate better outcomes.
Limitations and Risks
Procedural Compliance: Failure to meet filing conditions, such as the lack of connection to the original claim, may lead to dismissal (Article 133 HMK).
Evidentiary Burden: Defendants must provide robust evidence to substantiate their claims.
Defense Against Counterclaims
For European clients facing a counterclaim in Turkey, a proactive defense strategy is essential. Judicial precedents, such as Yargıtay 13. Hukuk Dairesi, E. 2020/2456, K. 2021/789, demonstrate that courts may dismiss counterclaims filed beyond deadlines or lacking sufficient evidence. Key defense strategies include:
Verifying the counterclaim’s compliance with procedural requirements.
Challenging the connection between the counterclaim and the original lawsuit.
Presenting counterarguments and evidence to refute the defendant’s claims.
Practical Examples
Real Estate Dispute: A plaintiff seeks penalties for delayed property delivery. The defendant (developer) files a counterclaim for payment of additional work performed at the plaintiff’s request.
Commercial Dispute: A plaintiff sues for recovery of unpaid goods. The defendant files a counterclaim, alleging defective goods and seeking compensation for losses.
How We Can Assist European Clients
Russo-Turkish Legal Company offers comprehensive legal support for filing, managing, and defending against counterclaims in Turkish courts. Our multilingual (Russian, Turkish, English) lawyers possess in-depth knowledge of Turkish law and international practices, ensuring seamless assistance for European clients. We can:
Assess the feasibility of filing a counterclaim or defending against one.
Prepare necessary documents and evidence in compliance with HMK and Law on Court Fees No. 492.
Represent your interests in court, ensuring robust protection.
Minimize risks and optimize costs.
Schedule a consultation via our website rt-union.com or contact our specialists for professional legal support in Turkey, Russia, or Europe.