A Turkish Invoice Is Claimed by Both Supplier and Factor: Avoiding Double Payment

Quick summary

The issue and the legal distinction

An overseas customer may receive a supplier’s invoice and a factor’s collection notice with different bank details. Match the assigned receivable to the contract, delivery, currency and due date.

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The supplier may have assigned only some invoices, or a later credit note may affect the balance. The debtor’s defences and the timing of knowledge require separate examination.

What changes the assessment

Authenticate instructions through independently verified contacts. A forged assignment notice can resemble a legitimate factoring transaction, so the dispute combines payment-security and legal-title questions.

Request proportionate evidence of assignment and authority, while preserving confidential information. If genuine competing creditor claims remain, obtain advice on a lawful protective payment or deposit route rather than simply holding funds indefinitely.

Legal framework

Provisions to examine: TCO Articles 183–194; applicable factoring legislation.

Identify the creditor, debtor and exact source of the payment obligation before calculating a balance. A bank statement proves a movement of money, but its contractual purpose may require invoices, notices and instructions. TCO Article 112 governs contractual breach where applicable; default under Article 117 requires its own analysis.

Security, assignment, payment-services, banking or financial-leasing rules can change the position and should be checked for the actual product. A demand should state what is due, in which currency, and why. Do not treat a contested accounting entry as an automatically enforceable judgment.

Evidence to preserve

1. Underlying contract and invoice.
2. Assignment and notice evidence.
3. Credits and delivery objections.
4. Independently verified payment instructions.

Keep the original documents, identify their source and record when they were received. Preserve the version effective when the promise was made. Where a document is held by the opponent, request lawful preservation and consider the appropriate procedural route rather than trying to obtain it through unauthorised access.

A hypothetical example

Suppose the supplier asks for payment after a factor has notified assignment of the same invoice. Verify the assignment and any credit note before transferring funds.

If only a different invoice was assigned, the supplier may remain entitled to this one. A safe reconciliation identifies the actual receivable and discharge position instead of paying both demands to avoid commercial pressure.

This illustration explains the distinction; it is not a reported case or a prediction of an outcome.

Practical next steps

Reconcile the debt and assignment, verify both identities and seek a discharge-safe payment solution for any genuinely contested entitlement.

Build the first notice around the particular evidence: underlying contract and invoice, the relevant date, the alleged failure and the requested response. Keep proof of delivery. A preservation request, a demand for performance and a final election of remedies can have different consequences; choose them with the contract and deadlines in view.

Remedies and financial loss

Focus on the unpaid balance, duplicate transfers and recoverable delay consequences. A collection notice does not establish extra principal by itself.

Procedure for a client outside Turkey

Nationality alone does not decide governing law or forum. Review the parties, place of performance, contractual choice, any arbitration provision and applicable mandatory rules. Consumer and employment matters can require protected-forum analysis. Turkish proceedings may also require a mediation step or security analysis depending on the dispute; neither should be assumed applicable to every case.

For a Turkish civil case, counsel can consider whether evidence preservation under HMK Articles 400 onward or interim relief under Articles 389 onward is justified. These are different measures with specific conditions, possible security and follow-up duties. A general fear of nonpayment does not establish entitlement to every injunction. Calculate the actual notice and filing calendar before waiting for a voluntary reply.

Primary legislation and official sources

• Turkish Code of Obligations No. 6098
• Code of Civil Procedure No. 6100
• International Private and Procedural Law No. 5718

Apply the wording and amendments effective for the relevant transaction and procedural step. A historical enactment text does not by itself establish the current rule.

Related English guides

• Debt Collection and Enforcement in Turkey from Abroad
• Foreign-Currency Debts in Turkey: Proof, Exchange Rates and Partial Payments
• WhatsApp and Email Evidence in Turkish Civil Courts: Screenshots, Originals and Proof
• Contract Disputes in Turkey for International Clients

Frequently asked questions