Precautionary attachment in Türkiye: freezing a debtor's assets before judgment

A precautionary attachment (ihtiyati haciz, Article 257 of the Enforcement and Bankruptcy Law (Law No. 2004) ("EBL")) lets a creditor freeze a debtor's assets before a lawsuit or enforcement proceedings are concluded, and often before the debtor has been notified of the claim. For a foreign company worried that a Turkish customer will empty its bank accounts, it is the most effective early tool under Turkish law. The price is counter-security and liability for damage if the attachment turns out to be unjustified.

This guide covers commercial money claims. For the overall enforcement process, read debt collection in Türkiye (Turkey); to prepare an application, use the preparation checklist.

Precautionary attachment and interim injunction compared#

Turkish law has two provisional remedies, and they are often confused. For a money claim, the right tool is precautionary attachment.

Conditions#

Due claims. The creditor of a due money debt that is not secured by a pledge may have the debtor's movable and immovable assets, receivables and other rights attached, whether held by the debtor or by third parties (EBL Art. 257(1)). No additional ground is needed: the creditor does not have to show that the debtor is hiding assets.

Claims not yet due. An attachment is available only if the debtor has no fixed residence, or if, to escape its obligations, it is preparing to hide or remove assets or to flee, or engages in fraudulent transactions that harm the creditor (EBL Art. 257(2)). In that case the debt becomes due as against that debtor only.

Secured claims. If the claim is secured by a pledge, precautionary attachment is generally not available; the creditor first enforces the pledge (EBL Art. 45).

Evidence and the court's decision#

Prima facie evidence#

The creditor must present evidence that convinces the court of the claim and, where relevant, of the ground for attachment (EBL Art. 258). The standard is prima facie proof, not full proof. In a commercial file the application usually includes:

• the contract or purchase orders;
• invoices and proof that they were sent;
• delivery documents (delivery notes, bills of lading, CMR consignment notes);
• the statement of account and, if available, a balance confirmation signed by the debtor;
• correspondence in which the debtor acknowledges the debt or promises payment;
• for a claim not yet due, evidence of steps to hide assets.

Foreign-language documents are filed with Turkish translations.

Preparing the application#

Because the court usually decides on the papers, the application has to stand on its own:

• full trade names, tax numbers and addresses of both parties;
• the source, amount, currency and due date of the claim;
• a statement that the claim is not secured by a pledge;
• for a claim not yet due, concrete facts showing the EBL Art. 257(2) ground;
• the types of assets to be attached (bank accounts, receivables from third parties, vehicles, real estate);
• the form of counter-security offered (cash or a bank guarantee);
• a list of attached documents.

Timing. The value of a precautionary attachment lies in surprise. Applications are therefore usually filed before a formal notice or payment order reaches the debtor. Once a demand has been sent or negotiations drag on, the risk that accounts are emptied rises, and that should shape the timing.

The court's decision#

The court competent under EBL Art. 50 decides (EBL Art. 258); in commercial matters this is usually the commercial court of first instance. The court is free to hear both parties or not. A refusal must state its reasons and can be appealed to the Regional Court of Appeal; a debtor against whom an order was made in its presence may also appeal. The Regional Court of Appeal reviews these appeals as a priority, and its decision is final (EBL Art. 258).

Counter-security#

What the law says. A creditor seeking precautionary attachment is liable for all damage the debtor and third parties suffer if the attachment proves unjustified, and must give security (EBL Art. 259). No security is required if the claim rests on a court judgment. If it rests on a document equivalent to a judgment, the court decides whether security is needed.

No fixed rate. EBL Art. 259 does not set a percentage or an amount. The court fixes the security to cover the debtor's likely damage. In practice courts usually express it as a percentage of the claim, and figures around 15% to 20% are frequently reported. That is a practice, not a rule: the court may set a different figure depending on the strength of the evidence and the scope of the attachment. Sources that present a single rate as the law are inaccurate.

Form. In practice, security is given in cash or as an unconditional bank guarantee without a fixed term, as specified in the court's order.

Getting it back. The EBL has no specific provision on returning counter-security. For interim injunctions, security is returned if no damages claim is filed within one month after the judgment on the merits becomes final or the injunction is lifted (HMK Art. 392(2)), and creditors usually request return of attachment security on a similar basis. The outcome of the enforcement and the court file, and the debtor's position, decide the timing.

Security for costs is separate. A foreign creditor may also be asked for security for costs under Article 48 of Law No. 5718 (IPPL), subject to exemption on the basis of reciprocity. See security for costs.

After the order: the 10-day and 7-day deadlines#

Execution within 10 days. The creditor must ask the enforcement office in the court's district to execute the order within 10 days of the decision, or the order lapses automatically (EBL Art. 261). Execution follows the ordinary attachment rules (EBL Arts. 79-99): garnishment notices to banks and other third parties, and annotations on vehicle and land registers.

Enforcement or lawsuit within 7 days. To keep the attachment alive, the creditor must take the next step on time (EBL Art. 264):

If a deadline is missed, or the creditor withdraws, or loses the case, the attachment becomes void (EBL Art. 264).

Mediation. For commercial money claims, mediation is mandatory before a lawsuit (TCC Art. 5/A). If the attachment was ordered before a lawsuit, the period to sue in EBL Art. 264(1) does not run between the mediation application and the final report (Law No. 6325 Art. 18/A(16)). Many creditors avoid the question by starting enforcement proceedings within the 7 days.

Which assets can be attached#

A precautionary attachment can reach the debtor's movable and immovable assets, receivables and other rights, whether held by the debtor or by third parties (EBL Art. 257(1)). In practice the most effective step is a garnishment notice to banks and to the debtor's customers. A third party that receives one and claims it owes nothing must say so to the enforcement office within 7 days; otherwise the debt is treated as owed by it (EBL Art. 89). Annotations on vehicle and land registers block transfers in practice.

The debtor's response#

Objection. A debtor not heard before the order may object to the grounds, the court's jurisdiction and the security within 7 days of the attachment, or of service of the attachment record if it was not present (EBL Art. 265). Third parties whose interests are affected may object to the grounds or the security within 7 days of learning of the attachment. The court reviews only the grounds raised and may amend or lift the order. Its decision can be appealed, but an appeal does not suspend the attachment.

Release against security. The debtor may ask the court, or the enforcement court once enforcement has started, to lift the attachment by depositing money, acceptable securities or a pledge, or by providing a reliable bank guarantee (EBL Art. 266).

When the attachment becomes final#

If the debtor does not object to the payment order in time, or its objection is removed by the enforcement court or annulled by the civil court, the precautionary attachment turns into a final attachment automatically (EBL Art. 264). The creditor can then request sale of the attached assets. See objection to a payment order.

Liability for wrongful attachment#

Common mistakes#

• Missing the 10-day execution deadline: the order lapses automatically and a new application is needed (EBL Art. 261).
• Not having the enforcement request ready: enforcement or a lawsuit must follow within 7 days of the attachment (EBL Art. 264).
• Arranging counter-security at the last minute: the order is not executed until security is in place.
• Listing only one known bank: deposits at other banks may fall outside a narrowly drafted request.
• Applying for a secured claim: the law requires a claim not secured by a pledge (EBL Art. 257(1)).
• Asserting asset flight without facts: for a claim not yet due, the ground must rest on documents and concrete facts.

Special situations#

Concordat. During a concordat moratorium, precautionary attachment orders are not executed (EBL Art. 294). See concordat for unsecured suppliers.

Foreign judgments and arbitral awards. Whether a foreign judgment or award counts as a judgment or a judgment-equivalent document before it is recognized in Türkiye, and so whether counter-security can be waived, is debated. These files need a separate assessment. See enforcing a U.S. judgment and enforcing an arbitral award.

Bottom line#

For a due, unsecured money claim, a precautionary attachment needs prima facie evidence and counter-security, not proof that the debtor is hiding assets. The law sets no rate for the security; the court decides. After the order, the 10-day execution deadline and the 7-day deadline for enforcement or a lawsuit are strict, so prepare the enforcement request and the cost advance before you apply. If the debtor does not object to the payment order, the attachment becomes final on its own.

Frequently asked questions

Law stated as at: October 11, 2026. Leyla Başkaya Şentürk is a lawyer (avukat) admitted to the Istanbul Bar Association, Türkiye (Reg. No. 67063). She advises on Turkish law only, is not admitted to practise law in any U.S. jurisdiction and does not advise on U.S. law. Content on this website is general information, not legal advice, and no outcome is promised. Using this website or submitting the contact form does not create an attorney-client relationship.