Withdrawing a Lawsuit in Turkey: Geri Alma, Waiver and Court Settlements

What does it mean to withdraw a Turkish lawsuit?

Withdrawing a lawsuit in Turkey can refer to legally different steps, and choosing the wrong one can affect whether the claim can be pursued again. Article 123 of the Code of Civil Procedure concerns withdrawal of the action, known as geri alma. Articles 307–312 concern feragat, waiver of the relief claimed. Articles 313–315 regulate settlement before the court. An informal English instruction to close the case does not identify which result the client intends.

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A withdrawal under Article 123 requires the defendant’s express consent within the provision. A waiver under Article 309 does not depend on the opponent’s or court’s consent and must be unconditional. A qualifying court settlement can contain conditions. These differences matter where payment is promised in instalments or has not yet arrived.

This guide addresses civil litigation involving matters the parties can dispose of under the applicable rules. Criminal complaints, administrative proceedings and special family-law issues need their own assessment. Our English legal services homepage explains representation coordinated from Mersin, with no assumption that ending a case means money has been recovered.

At a glance

1. Identify the result the client actually wants

Ask whether the objective is to abandon the present proceedings, give up the claim permanently, accept a defined compromise or pause while a proposal is considered. Those objectives are not interchangeable. A client who wants to reduce immediate expense may not intend to relinquish a valuable unpaid claim against the same opponent.

Review the pleadings, current stage, any judgment and the proposed agreement. Identify all parties and heads of relief. Ending a principal claim does not automatically settle a counterclaim, a separate enforcement file or another person’s rights. A statement that the parties are no longer in dispute needs to be compared with the actual outstanding proceedings.

Put the intended result into clear instructions before drafting the procedural document. Record whether payment has been made, what remains conditional and which rights are to remain outside the agreement. A translation should preserve those distinctions rather than use withdrawal as a generic substitute for every Turkish procedural term.

2. Understand withdrawal of the action under Article 123

Article 123 allows the claimant to withdraw the action until the judgment becomes final with the defendant’s express consent. The 2020 amendment states that the court then treats the action as not having been brought. This differs from an unconditional waiver of the relief claimed, which has the consequences specified in Article 311.

Express consent must be established, not guessed from silence during negotiation. A message offering to discuss repayment does not necessarily consent to withdrawal of the proceedings. Identify the defendant’s actual statement and how it is presented in the case file. Where several parties are involved, the effect of a proposed partial withdrawal requires separate examination.

Withdrawal should not be advertised as a guaranteed way to restart any case later without consequences. Limitation, pre-action requirements, fees and the factual position still require assessment before a new claim. The ability to distinguish withdrawal from waiver does not remove those independent obstacles or preserve every period automatically.

3. Understand waiver of the relief claimed

Article 307 defines waiver as the claimant giving up all or part of the relief sought. Article 309 permits a petition or an oral statement recorded during proceedings and provides that its effect is not dependent on the opponent’s or court’s approval. The statement must identify the waived part clearly where only part of the claim is surrendered.

Under Article 311, waiver has effects comparable to a final judgment. It should not be used as a casual administrative shortcut when the client still expects to sue for the same relief if negotiations fail. A later change of mind is not the same as a legally established defect of will capable of supporting a challenge under the provision.

Read the operative wording rather than only the heading. A document titled payment receipt can also contain a waiver. Conversely, a letter asking to discontinue a particular procedural application might not address the principal claim at all. Identify the claims, parties and scope before anyone signs or authorises filing.

4. Do not make an unconditional waiver depend on an unpaid promise

Article 309 requires waiver to be unconditional. A claimant should not assume that adding a sentence about payment next month creates a valid arrangement under which a waived claim automatically revives if the debtor defaults. The procedural effect and the contractual payment promise require deliberate coordination.

Where payment is to occur later, assess an appropriate settlement mechanism and the consequences of default before deciding when and how to end the proceedings. Identify the amount, currency, due date, account, instalments and any security. The correct arrangement depends on the file; a generic promise to pay does not provide the same protection as cleared funds.

Do not sign an acknowledgement that the whole debt has been received when only a transfer instruction or first instalment exists. Preserve bank confirmation of actual credit and reconcile earlier payments. A precise record protects both sides from a later disagreement over whether the agreement recorded payment, merely promised payment or released the balance.

5. Use court settlement for the agreement it actually records

Article 313 defines settlement as an agreement made before the court to resolve all or part of a pending dispute. It applies to matters within the parties’ power of disposition. The statute permits conditions and allows matters outside the existing claim to be included, subject to the relevant legal framework.

Article 315 provides the case-ending and binding effects. Where the parties request a judgment according to the settlement, the court decides on that basis; otherwise the specified no-further-decision outcome applies. The requested procedural treatment should be stated, not left to an assumption that every settlement paper produces the same document.

A private exchange of draft terms is not automatically a court settlement. Identify which document was signed, by whom, with what authority and whether it was presented through the required procedure. The agreement’s validity, its procedural use and its enforceability are related questions but should not be collapsed into the single statement that the dispute is settled.

6. Keep mediation agreements and private releases distinct

A settlement reached through mediation has its own statutory framework and document requirements. A private release also raises separate substantive-law questions. Do not assume that labelling an email settlement gives it all the effects of an agreement made before the court or an enforceable mediation instrument.

The guide to Turkish mediation settlements signed from abroad explains authority, signatures and performance. Compare the proposed instrument with the litigation already pending. The document should identify how the parties intend to deal with that case and any separate payment or enforcement file.

Avoid contradictory documents. A mediation agreement describing an outstanding balance should not be accompanied unknowingly by a court statement that no debt ever existed or that everything was paid. Ensure the factual acknowledgements, release and procedural request describe the same transaction and preserve any rights expressly intended to remain.

7. Check special authority and current client instructions

Article 74 requires express authority for specified acts, including settlement, waiver, release and acceptance of a claim. A general instruction to represent a client should not be assumed to include every disposition listed in that provision. Inspect the actual power of attorney before relying on a representative’s signature.

Formal authority and the client’s present instructions are separate. A document granting settlement powers does not mean the client has approved every future proposal regardless of its price or conditions. Record the particular offer, explanation and decision. An overseas client should receive an accurate account of what is being accepted, released and filed.

The power of attorney guide explains preparation from abroad. Where authority is insufficient or unclear, address it before promising the opponent that a binding waiver has been completed. Do not change an executed document or invent client approval to make the paperwork appear consistent.

8. Identify the stage when an agreement or waiver is made

Articles 310 and 314 permit the relevant disposition until the judgment becomes final. The amendments made by Law No. 7251 also address an act occurring after judgment, including how the court proceeds before the file is sent for appellate examination and how the Court of Cassation handles a disposition after transmission.

Obtain the current procedural status rather than assume the first-instance court still holds the file in the same position. A judgment date, an appeal filing and transmission for review are different events. Give counsel any appellate reference and recent notification so the appropriate procedural step can be selected.

An ongoing negotiation should not be assumed to extend the deadline for an appeal or another required response. Keep those dates under separate review until the relevant disposition is validly completed and its effect established. A verbal agreement to talk again next week is not itself a court order suspending the case.

9. Allocate costs and fees expressly

Article 312 ordinarily treats the party making a waiver or acceptance as responsible for litigation costs as though judgment had gone against them, with proportional treatment for a partial disposition. The statute also provides a specific exception concerning a defendant who did not cause the action and accepts at the first hearing. Do not turn that exception into a universal promise that early acceptance is free.

Separate court fees, expenditure already advanced, the applicable awarded lawyer’s fee and the client’s private professional-fee agreement. A settlement payment does not automatically explain who bears each category. A clause stating that everyone pays their own costs should be reviewed against the actual statutory and contractual position.

An agreement should address expenses already incurred and any remaining application for release of unused funds or security. Do not deduct an unexplained amount from the settlement proceeds merely because it is described as costs. Provide a reconciliation identifying the source and basis of each retained or repaid amount.

10. Keep partial settlement, counterclaims and multiple parties visible

A case can end only in part. Identify the amount or remedy affected and what remains for determination. A claimant accepting payment of an undisputed principal sum may still dispute interest or another properly pleaded claim; the wording must accurately reflect the agreement rather than silently dispose of everything.

A counterclaim belongs to its own procedural assessment. The claimant’s unilateral waiver of their relief should not be assumed to waive the defendant’s counterclaim. Similarly, an agreement with one joint defendant does not automatically establish the outcome for everyone else. Review the legal relationship and proposed release scope before calculating a remaining balance.

Where heirs, companies or represented persons are involved, identify who can dispose of which right. Payment to one person or approval by one shareholder is not automatically authority to settle all affected interests. A clear party-and-claim schedule can prevent the agreement from promising a broader release than its signatories can lawfully provide.

11. A hypothetical settlement payable in two instalments

Assume an overseas claimant pursues TRY 200,000 and receives an offer of TRY 160,000 in two instalments. The first instalment is paid, and the opponent asks for immediate waiver of the whole claim while the second remains outstanding. These invented figures illustrate a drafting risk, not a recommended settlement value.

The review identifies what was actually credited, when the balance is due and what happens if it is not paid. It distinguishes a proposed court settlement from an unconditional waiver and checks the representative’s special authority. A receipt for the first payment should not state that the entire agreed amount has been received.

If the parties choose a legally appropriate settlement arrangement, its terms should align payment, costs, release and treatment of the pending case. The claimant should understand the actual enforcement position if default occurs. The essential point is not that instalments are prohibited, but that ending litigation and receiving future money are different events requiring coordinated terms.

12. Obtain the court record and verify performance

After filing or recording the disposition, obtain the relevant court decision and confirm its scope. An email saying the lawyer sent the document is not itself proof of the court’s resulting order. Record which claims ended and whether any other proceedings or directions remain active.

Track each settlement payment separately and preserve the supporting bank record. A favourable closure decision is not proof that every instalment arrived. If default occurs, assess the remedy under the actual instrument rather than promising that the original claim will automatically restart. The enforcement guide explains the distinction between an instrument and recovery.

Bakırcı & Keskin Law Office has physical offices in Istanbul and Mersin. Civil cases elsewhere in Turkey are coordinated from our Istanbul and Mersin offices within the competent procedure and agreed mandate. English reporting should identify instructions, signatures, filing, the court’s decision and actual payments separately. No settlement outcome or collection date is guaranteed before the file is examined.

Frequently asked questions

Are geri alma and feragat the same?

No. Article 123 withdrawal and Articles 307–312 waiver have different requirements and consequences.

Does the defendant have to consent to waiver?

Article 309 does not make waiver dependent on the opponent’s or court’s consent. Withdrawal under Article 123 is different.

Can a waiver simply be conditional on later payment?

Article 309 requires waiver to be unconditional. Future-payment arrangements need an appropriate and carefully assessed settlement mechanism.

Does a court settlement permit conditions?

Article 313 permits conditions within its framework, unlike the unconditional waiver requirement.

Can I always bring the same claim again after waiving it?

No. Article 311 gives waiver effects comparable to a final judgment. A later change of mind is not a routine basis for reversal.

Does my lawyer need express authority?

Article 74 requires express authority for specified acts, including settlement and waiver. Current client instructions must also be addressed.

Does closing my claim automatically close a counterclaim?

No. Identify each claim, party and disposition separately.

Does a promise to transfer money count as receipt?

No. Preserve evidence of actual credited payment and distinguish it from an instruction or future promise.

Official legal sources

Code of Civil Procedure No. 6100: official legislation service; TBMM enacted Code: Articles 74, 123 and 307–315; Law No. 7251: amendments to Articles 123, 310 and 314.

Parliamentary enacted texts must be read with the relevant amendments. Turkish legislation controls. This page is general English-language information, not an official translation or approval of an individual settlement.