Attachment and Salary Garnishment: A Debtor's Rights

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Haciz İşlemi: Maaş ve Mal Haczine Karşı Haklarınız.

Attachment is applied at the creditor's request once the proceedings have become final; it does not begin of its own accord. So that the debtor and their family can go on living, the law places part of their property and income beyond reach (Articles 82 and 83 of the Enforcement and Bankruptcy Act). Deductions from salary may not exceed one quarter of net pay; maintenance claims are the exception.

Attachment is the seizure of a debtor's assets by the enforcement office, at the creditor's request, where a debt has not been paid. Obtaining and applying an attachment follows a defined procedure, and the debtor holds rights throughout it. Yet many people, when faced with attachment, do not know which property is exempt, how much may be deducted from their salary, or how to object.

This article follows the process from beginning to end and explains the exempt property, the limits on salary garnishment and the routes of objection.

How Does Attachment Begin?

Attachment is a staged process, and the debtor holds different rights at each stage:

• Commencement of enforcement proceedings. The creditor applies to the enforcement office and starts proceedings either with or without a judgment. Proceedings without a judgment require no court decision; the creditor's request suffices.
• Service of the payment order. The enforcement office serves a payment order on the debtor stating the amount of the debt, interest and costs. From that date the debtor has 7 days in which to pay or to object.
• Finality if no objection is made. If the 7-day period passes, the proceedings become final and the creditor may request attachment. At that point the debtor's scope for preventing attachment narrows sharply.
• Where an objection is made: the action to set aside the objection. If the debtor objects within 7 days the proceedings are stayed. To defeat the objection the creditor must bring an action to set it aside within 1 year; if no action is brought, the proceedings lapse.
• Application of attachment. Once the proceedings are final, the enforcement office applies attachment at the creditor's request. It may be directed at movable property, immovable property or salary.

Which Property Is Exempt from Attachment?

Article 82 of the Enforcement and Bankruptcy Act and related provisions place certain property and rights beyond attachment so that the debtor can maintain a decent standard of living:

• Essential household goods. Beds, seating, kitchen equipment, a refrigerator and similar basic household items needed by the debtor and their family are exempt. Luxury items do not enjoy this protection.
• Food and fuel for subsistence. Food and fuel sufficient for the subsistence of the debtor and their family are exempt.
• Tools and equipment of a trade. Tools, machinery and equipment essential to the work by which the debtor earns a living are exempt. A farmer's tractor and a tradesman's tools fall within this.
• A dwelling appropriate to the debtor's circumstances. The home occupied by the debtor's family and appropriate to their social and economic situation is exempt (Article 82/12). The protection covers one dwelling only; debtors owning more than one property do not benefit from it.
• A bank balance up to the minimum wage. That part of money in a bank account corresponding to the minimum wage is exempt. This protection is not renewed each month; it applies to the money in the account.
• Retirement pensions. In the light of Constitutional Court decisions and current case law, a retirement pension has largely become exempt from attachment for claims other than maintenance.

“A dwelling appropriate to the debtor's circumstances may not be attached.” — Enforcement and Bankruptcy Act, Article 82/12

How Much May Be Deducted from a Salary?

Salary garnishment is one of the most common forms of attachment and its statutory limits are precisely drawn:

• The general rule — the one-quarter limit. Only one quarter of an employee's monthly net salary may be attached. The remaining three quarters may not be touched, and the employer may not deduct beyond that limit.
• The subsistence floor. Under Article 83 the enforcement officer must leave the debtor enough to support themselves and their dependants. Where a salary is at or close to the minimum wage this assessment matters, and the debtor may raise it by way of complaint. It is not correct to assume that a minimum-wage salary can never be attached; the position depends on the debtor's circumstances and the enforcement officer's assessment.
• The exception for maintenance debts. For maintenance claims (child, poverty or interim maintenance) attachment may extend to half the salary. Maintenance is treated by the law as a priority claim.
• The employer's obligation. An employer served with a salary attachment must make the deduction within the statutory limit and pay it into the enforcement office each month. An employer who fails to do so becomes personally liable to the creditor.
• More than one attachment. Where several attachments are served on the same salary, the one-quarter limit applies to all creditors together; the total deduction may not exceed it. The creditors are ranked and paid in order.

How Is Attachment Challenged?

More than one route is available against an attachment:

• Objection to the payment order. A written objection may be filed with the enforcement office within 7 days of service of the payment order. The objection stays the proceedings. It must state clearly whether the whole of the debt or only part of it is disputed.
• Action for a negative declaration. A person who considers that they owe nothing may bring an action for a negative declaration before the civil court of first instance, either before or after the enforcement proceedings, to establish that no debt exists. If an interim injunction is granted during the action, the attachment may be suspended.
• Third-party ownership action. Where the property attached belongs not to the debtor but to a third party, that person may bring a third-party ownership action to prevent the attachment. In such an action the third party must prove that the property is theirs.
• Complaint against an irregular attachment. Attachments carried out unlawfully or applied to exempt property may be challenged by complaint to the enforcement court to which the enforcement officer is answerable. The period for complaint is 7 days from learning of the attachment.