Turkey Supreme Court rules WhatsApp messages as valid evidence for debt claims

The 3rd Civil Chamber of the Turkish Court of Cassation (Yargıtay) has issued a precedent-setting ruling regarding the use of WhatsApp messages as legal evidence in debt collection disputes.

The case originated in Bursa, where a plaintiff had provided various sums of money to an acquaintance via bank transfers, noting them as loans. When the debt was not repaid, the plaintiff requested the funds via WhatsApp. Following the unsuccessful request, the plaintiff initiated legal enforcement proceedings.

The defendant contested the claim, alleging the transfers were repayments for a 900,000 TL cash loan previously provided to the plaintiff. While a local court partially accepted the claim, a regional appellate court rejected it, arguing that no formal notice had been served to make the debt due.

Upon appeal, the Court of Cassation overturned the appellate decision. The High Court ruled that WhatsApp messages, when evaluated alongside bank receipts, can serve as proof of a demand for repayment. The court clarified that if no specific repayment date is agreed upon, a debt becomes due six weeks after the initial request. In this instance, the court found that more than six weeks had passed between the initial WhatsApp request in October 2021 and the enforcement proceedings in September 2022, thereby validating the legal action.