What we do in this area
Attachment is the stage at which the claim moves from paper to assets, and the outcome of an enforcement file is most often decided here. The firm undertakes, for the creditor, identifying attachable assets, the order of attachment requests and running the file through to sale; for the debtor, complaints of exemption from attachment, review of salary and pension attachments and objections to valuation; for the third party, pursuing the ownership claim and action (istihkak).
This page is a sub-topic of the enforcement and bankruptcy law tree; the stage up to the proceedings becoming final is explained on the enforcement without judgment and objection page.
How attachment is carried out
Once the payment order becomes final, the creditor may request attachment; if this right is not exercised within one year of service of the payment order, it lapses and the file is removed from the register (Article 78 of the Enforcement and Bankruptcy Code, İİK). Attachment is imposed by decision of the enforcement officer and is limited to assets of the debtor sufficient to cover the debt (İİK Art. 85). Types of attachment frequently used in practice:
| Type of attachment | How it is carried out | Note |
|---|---|---|
| Immovable property | Annotation by letter to the land registry office | Valuation is carried out before the sale |
| Vehicles | Entry in the traffic register; seizure is a separate step | A seized vehicle is handed to a custodian (yediemin) |
| Bank accounts and receivables | Attachment notice to the third party (İİK Art. 89) | The third party may object within seven days |
| Salary and wages | Deduction by letter to the employer | The deduction rate is limited by law |
| Movables (home, business premises) | Physical attachment, record and safekeeping | An exemption objection is entered in the record |
In the attachment of receivables held by a third party, the attachment notice operates in three stages: if no objection is made to the first and second notices within seven days, the debt is deemed to be in the third party's hands; after service of the third notice, the third party must pay or deliver the property within fifteen days, or bring a negative declaratory action within that period and submit proof of filing to the enforcement office within twenty days of service (İİK Art. 89). A notice left unanswered may result in taking on someone else's debt.
Exempt assets and salary attachment
İİK Article 82 keeps outside attachment the assets the debtor and their family need to live: valuables aside, personal effects and household goods serving the family's common use, the tools and equipment the debtor needs to carry on their profession, a dwelling suited to the debtor's circumstances, and the like. A claim of exemption is raised by complaint to the enforcement court within seven days of learning of the attachment.
In the attachment of salary and wages, the deduction is made from the portion remaining after the amount needed for the subsistence of the debtor and their family is set aside, and this portion may not be less than one quarter of the salary (İİK Art. 83). For employees covered by Article 35 of Labour Code No. 4857, attachment of ordinary wage claims generally may not exceed one quarter, with maintenance rights reserved; this special rule must be distinguished from the minimum-quarter rule in Article 83 İİK. Where there is more than one salary attachment, the deductions are ranked in order. Pensions granted by the Social Security Institution (SGK) cannot be attached without the debtor's consent; maintenance claims and the Institution's own claims are outside this rule (Article 93 of Law No. 5510).
Ownership claim and action
The claim that an attached asset belongs not to the debtor but to a third party is an ownership claim (istihkak). The claim is entered in the record at the time of attachment or notified to the enforcement office afterwards. If the creditor does not accept the claim, the file goes to the enforcement court; the court decides whether the proceedings continue or are deferred and gives the third party seven days to bring an ownership action (İİK Art. 97). If the action is not brought in time, the third party is deemed to have abandoned the claim.
The burden of proof is decisive in most files. Assets in the possession of persons living with the debtor are deemed to belong to the debtor until proved otherwise (İİK Art. 97/a). Rebutting this presumption requires documents such as invoices, title deeds, vehicle registration certificates or bank records; transfers between close relatives and transactions made after the proceedings began are scrutinised more strictly by the court. If the attached asset is in the third party's possession, the process is reversed and the burden of bringing the ownership action passes to the creditor (İİK Art. 99). Compensation may be awarded against the losing party on the other party's request.
Moving to the sale stage
If neither the creditor nor the debtor requests a sale within one year of the attachment, the attachment lapses (İİK Art. 106 and 110). Valuation is carried out before the sale; an objection to the report is made to the enforcement court within seven days of service (İİK Art. 128/a). Sales are conducted electronically, and the debtor has been given the possibility, subject to certain conditions, of selling the attached asset themselves (İİK Art. 111/a). The remedy of annulment of the auction sale is subject to a short period.
How we work
On the creditor's side the attachment stage begins with enquiries into the debtor's assets, and attachments that will repay their cost are given priority. On the debtor's and third party's side, the first task is to examine the attachment record and the dates of service and calculate the seven-day periods. In ownership files, documents showing ownership are gathered at the first meeting.
The page where we explain the process in detail: Our working process.
What people ask about this area
When attachment is carried out at the home, which items cannot be taken?
Can a retirement pension be attached?
The attached item belongs to me, not the debtor; what needs to be done?
An attachment notice about an employee has arrived at the workplace; what should the employer do?
If your question is not hereContact