This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Borcumu Ödeyemiyorum: Hangi Yollar Var?.
The most effective step in financial difficulty is to agree a written restructuring with the creditor before enforcement begins. Once proceedings start, the seven-day objection period runs from service of the payment order and must not be missed. Even at the attachment stage, certain property and income cannot lawfully be attached.
Credit card debt, consumer loans, trade debts. The first reaction to a squeeze is usually to stop answering the phone and leave letters unopened — which makes the debt grow and the options shrink.
Before Enforcement Starts
If proceedings have not begun, the cheapest route is to agree directly with the creditor. Banks and finance companies frequently offer restructuring: extended terms, reduced interest, a payment plan.
Two things matter in that discussion. First, put the agreement in writing; an oral undertaking cannot be proved. Second, do not sign a plan you cannot meet — a restructuring that fails usually leaves you worse off than before.
Restructuring legislation is also enacted from time to time for public debts, covering tax, social security and some administrative fines. The application windows are short; watch for them.
Once Proceedings Have Begun
When a payment order arrives, the first question is: does the debt exist and is the amount right? Proceedings are sometimes started on debts already paid, time-barred, or never incurred.
In proceedings without judgment the objection period is seven days, and an objection stops the proceedings. If the period is missed, the proceedings become final.
If the debt is correct and your means are limited, art. 111 of the Enforcement and Bankruptcy Act allows payment by instalments: the debtor may offer to pay by instalments, on defined conditions, before attached property is sold.
An undertaking to pay can also be given before the enforcement office by agreement with the creditor. But breaching such an undertaking carries a criminal consequence; do not give one you cannot meet.
What Cannot Be Attached
Article 82 of the Act exempts certain property and rights:
- Household goods necessary for the debtor and their family;
- Tools and equipment needed to carry on their occupation;
- Part of salaries and wages — not less than a quarter may be attached;
- Maintenance claims;
- Certain social assistance payments.
There is also special protection for a dwelling appropriate to the debtor's circumstances: its attachment can be challenged by a complaint of exemption. If the dwelling is more valuable than is appropriate, it is sold and the sum needed to buy an appropriate one is left to the debtor.
The complaint is subject to a time limit: it must be made to the enforcement civil court within seven days of learning of the attachment.
| Item | Position | Basis |
|---|---|---|
| Salary and wages | At most a quarter may be attached | İİK art. 83 |
| Retirement pension | Not attachable as a rule; the debtor's consent is the exception | Act 5510 art. 93 |
| Maintenance claims | Not attachable | İİK art. 82 |
| Essential household goods | Not attachable | İİK art. 82/3 |
| Tools essential to the occupation | Not attachable | İİK art. 82/4 |
| The family residence (with the annotation) | Special protection on sale | TMK art. 194 |
In proceedings for maintenance, the one-quarter limit on salary attachment does not apply; maintenance ranks first.
Composition with Creditors
For debtors who have lost, or are in danger of losing, the ability to pay, composition with creditors exists. Its aim is to restructure the debts by agreement with the creditors.
It is a demanding process: detailed financial statements, an interim balance sheet, an independent audit report and a credible plan must be produced. An unprepared application is refused and the position worsens.
It is therefore not a suitable instrument for individual consumer debt; it is for businesses and debts of significant scale.
What to Avoid
- Transferring assets to relatives. This gives rise to an action to set aside the disposition and may also carry criminal liability.
- Not opening the payment order. Service is valid and the periods run regardless.
- Paying old debt with new debt. The interest burden compounds.
- Giving an undertaking you cannot meet. Breaching it carries a criminal consequence.
The right approach is to list every debt, check which are genuinely correct, and prioritise. Some debts — maintenance, tax, social security — carry heavier consequences than others.
Refusing service does not stop the clock. In proceedings without judgment the seven-day objection period runs, as does the seven-day period for a complaint of exemption from the date you learn of the attachment. Transferring assets to relatives leads to an action to set the disposition aside, and to criminal liability.
Frequently Asked Questions
I cannot pay. What should I do first?
List the debts and check them. If enforcement has not started, negotiate a written restructuring; if it has, consider a timely objection or instalments.
How much of my salary can be attached?
Not less than a quarter as a rule. Maintenance claims fall outside that limit.
Can my home be attached?
A complaint of exemption can be made for a dwelling appropriate to your circumstances. If it exceeds that, it is sold and the cost of an appropriate dwelling left to you.
Can I pay by instalments in enforcement?
Instalments may be offered on defined conditions under İİK art. 111, and an undertaking to pay can be given by agreement with the creditor.
Can I transfer property to my spouse?
No. Such a transfer gives rise to an action to set aside the disposition and may carry criminal liability.