The rule in enforcement is that all attachable assets and rights of the debtor may be attached. However, to protect the minimum living conditions of the debtor and their family, the law exempts certain assets and rights. These rules are founded on İİK Arts. 82 and 83.
Assets fully exempt from attachment
Under İİK Art. 82, certain values necessary for the livelihood of the debtor and their family cannot be attached, for example:
- Essential household goods of the debtor and family,
- Tools, equipment and books necessary to carry on the debtor’s profession,
- Fuel and food sufficient for a certain period,
- Certain payments in the nature of social aid or compensation.
Attachment of salary and wages
Salaries and wages are, as a rule, only partially attachable. No more than one quarter of the debtor’s salary may be attached. However, alimony claims are an exception; for alimony, attachment up to the whole salary may be possible.
Partially attachable assets
Under İİK Art. 83, some assets may be attached for the portion exceeding the debtor’s needs — e.g. where the debtor has several items of the same kind, the surplus may be attached.
Exemption is, as a rule, not dependent on the debtor’s request, but must be assessed concretely.
Complaint of non-attachability
If an exempt asset is attached, the debtor may file a complaint of non-attachability with the enforcement court within the time limit.
Frequently asked questions
Can a pension be attached?
There are special protective provisions for pensions, though exceptions such as the debtor’s consent and alimony may apply; assess your situation with a lawyer.
Are all household items attached?
No; essential household goods needed by the debtor and family cannot be attached.
How much of a salary can be attached?
As a rule at most one quarter; this limit does not apply to alimony claims.
What is the time limit for the complaint?
The complaint must be filed with the enforcement court within the statutory period from learning of the attachment; consult a lawyer for the current period.
This content is for general information and is not a substitute for legal advice.
