This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İhtiyati Tedbir ve İhtiyati Haciz Nedir?.
An interim injunction preserves the thing in dispute; a preliminary attachment secures a monetary claim. Both can be sought before proceedings are brought — and in that case the order lapses automatically unless the substantive action is brought within the short period the law allows. Those periods are the ones most often missed.
If the other side disposes of their assets while a case runs for months, the judgment you win is worthless. Turkish law meets that risk with two instruments: the interim injunction and preliminary attachment.
This article explains the difference, when each is used, and the short deadlines to watch.
What Is the Difference?
Preliminary attachment (Article 257 of the Enforcement and Bankruptcy Act) is for monetary claims. A creditor of a due money debt that is not secured by a pledge may ask for the debtor's assets to be attached provisionally.
For debts not yet due it is available only in the cases the Act lists: where the debtor has no settled residence, or is concealing or removing assets, or preparing to abscond, in order to escape their obligations.
An interim injunction (Article 389 of the Code of Civil Procedure) is for claims other than money. It may be granted where a change in the thing in dispute, or in its condition, would make obtaining the right significantly more difficult, or where delay would cause a disadvantage or serious harm.
The practical distinction: to recover a debt you seek preliminary attachment; to prevent a title being transferred you seek an interim injunction.
What Can Be Sought?
The measures most often requested:
- an annotation on the land register, preventing transfer of the property
- a note on a vehicle's registration
- a freeze on bank accounts
- preventing the transfer of shares in a company
- stopping construction work
- blocking access to online content
- in family cases, contact arrangements and interim maintenance
The application may be made before proceedings are brought or during them. Where it is made beforehand, it goes to the court with jurisdiction over the substantive claim.
How Much Security Is Required?
As a rule the court grants the order against security, so that the other side's loss is covered if the measure turns out to be unjustified.
The amount is at the judge's discretion, and it may be provided in cash or by a bank guarantee.
Where the claim rests on an official document or conclusive evidence, the judge may dispense with security. A party with legal aid may also be exempted.
In preliminary attachment security is required as a rule, but not where the claim rests on a judgment.
The Deadlines You Cannot Miss
These are the riskiest feature of both instruments.
Time for enforcement. Enforcement of an injunction must be requested within one week of the order; otherwise the order lapses automatically.
Time for the substantive action. Where the injunction was obtained before proceedings, the substantive action must be brought within two weeks; otherwise the injunction lapses automatically.
For preliminary attachment, enforcement proceedings or an action must be started within seven days of the attachment being carried out; otherwise it lapses automatically.
Time for objecting. A party against whom an order was made without being heard may object within one week of service. For preliminary attachment the period is likewise seven days.
All these periods are short, and missing one means losing the security entirely.
| Interim injunction | Preliminary attachment | |
|---|---|---|
| What it is for | Claims other than money | Monetary claims |
| Basis | Code of Civil Procedure, Art. 389 | Enforcement and Bankruptcy Act, Art. 257 |
| Typical measures | Land register annotation, stopping work, contact arrangements | Attachment of assets and bank accounts |
| Security | As a rule required; may be dispensed with on conclusive evidence | As a rule required; not where the claim rests on a judgment |
| Time to enforce | 1 week from the order | Attachment carried out at once |
| Time for the substantive step | 2 weeks to bring the action | 7 days to start proceedings or sue |
| Time to object | 1 week from service | 7 days |
Both lapse automatically if the deadlines are missed — no separate application by the other side is needed.
Mediation Does Not Apply
One practical advantage deserves emphasis: applications for interim legal protection are not subject to the requirement of mediation as a condition of the action. So even in employment, commercial, consumer or tenancy disputes where mediation must precede proceedings, an injunction or preliminary attachment can be sought immediately.
That matters where assets are being dissipated: you can secure the position first and go to mediation afterwards.
An injunction obtained before proceedings lapses unless the substantive action is brought within two weeks, and its enforcement must be requested within one week. A preliminary attachment lapses unless proceedings are begun within seven days. Nothing needs to be done by the other side for that to happen — it is automatic.
Frequently Asked Questions
What is the difference between the two?
A preliminary attachment secures a monetary claim; an interim injunction preserves the thing in dispute in claims other than money.
Can I apply before bringing proceedings?
Yes, to the court with jurisdiction over the substantive claim. But the substantive action must then be brought within two weeks for an injunction, and proceedings within seven days for a preliminary attachment.
Do I have to provide security?
As a rule yes. The judge may dispense with it where the claim rests on an official document or conclusive evidence, and a party with legal aid may be exempted. Security is not required for a preliminary attachment based on a judgment.
How long does the other side have to object?
One week from service for an interim injunction, and seven days for a preliminary attachment.
Do I have to go to mediation first?
No. Applications for interim legal protection fall outside the mediation requirement, so the position can be secured immediately and mediation followed afterwards.