Precautionary Attachment in Turkey: Conditions, Security, Deadlines and Objection

When a creditor learns that a debtor has begun to move assets away, waiting for an ordinary enforcement proceeding and the debtor's objection period is usually too late. The Enforcement and Bankruptcy Law (İİK) addresses this risk through precautionary attachment (ihtiyati haciz): the provisional seizure of the debtor's assets by court order, before the proceeding becomes final, to secure the creditor's claim.

This guide explains the conditions for precautionary attachment, the standard of proof and the security requirement, why no security is required for debts established by a judgment, the short deadlines that run after the order, and the debtor's routes of objection. It highlights the points that matter to creditors and debtors alike.

1. What Is Precautionary Attachment?

Precautionary attachment is the advance and provisional seizure, by court order, of a debtor's movable and immovable property, receivables and other rights to secure a monetary claim. It is a form of provisional legal protection, granted without a final view on the merits and without full proof. The creditor cannot demand sale of the attached assets and payment of the proceeds until the attachment is converted into a final attachment.

It differs from an interim injunction: an injunction protects a right or a situation, whereas precautionary attachment protects the collectability of a monetary claim.

2. Conditions (Enforcement and Bankruptcy Law Arts. 257-258)

Under Article 257/1, the creditor of a matured money debt not secured by a pledge may have the debtor's movables, immovables, receivables and other rights, held by the debtor or by third parties, provisionally attached. As a rule the debt must have fallen due.

For a debt that has not yet fallen due, attachment may be sought only where (Art. 257/2):

• The debtor has no fixed place of residence,
• The debtor is preparing to hide or remove assets, or to flee, in order to escape obligations, or has done so,
• The debtor has carried out fraudulent transactions to that end that infringe the creditor's rights.

The creditor must persuade the court of the existence of the claim and of the ground for attachment (Art. 258); but the standard is prima facie proof, not full proof as in the main case. Invoices, contracts, cheques and promissory notes, bank receipts, correspondence and formal notices are typically submitted.

3. Security: The Rule and the Exception

An attachment order is as a rule granted against security, since an attachment that later proves unjustified can harm the debtor. The court sets the security, usually as a bank guarantee letter or cash. If the attachment turns out to be unjustified, the creditor may be liable to compensate the debtor's loss.

However, no security is required for claims based on a judgment or a document with the status of a judgment (Art. 259/2). A decision of the 12th Civil Chamber of the Court of Cassation of 22.12.2025 gave important clarity: for money debts based on a judgment, the judgment is sufficient for precautionary attachment, the judgment need not be final, and there need be no separate suspicion that the debtor is hiding assets (see the precedent box below).

4. Which Court?

The request is generally made to the court of the debtor's place of residence or of the place where the assets to be attached are located. The petition states the amount and basis of the claim, the ground for attachment, the assets or rights to be attached and the security offered, with the evidence attached. The court decides on the file, usually without hearing the debtor; this is what gives the measure its speed and effect.

5. Deadlines That Run After the Order

The deadlines after the order are short and, if missed, the order lapses:

• 10 days: enforcement of the order must be requested from the enforcement office within ten days of the date of the order (Art. 261).
• 7 days: a creditor who obtained a precautionary attachment before suing or starting enforcement must, within seven days of the attachment being carried out (or, if carried out in the debtor's absence, of being served with the attachment report), either file an enforcement request or file suit (Art. 264/1).
• Another 7 days: if the debtor objects to the payment order in the enforcement proceeding, the creditor must within seven days of notice of the objection ask the enforcement court to lift it or file suit; if the request to lift the objection is rejected, suit must be filed within seven days of that decision (Art. 264/2).
• If the creditor misses these deadlines, abandons the suit or proceeding, or loses the case, the attachment becomes void. If the debtor does not object to the payment order in time, or the objection is finally lifted, the attachment is automatically converted into a final attachment.

These are the deadlines creditors miss most often. They should be entered in the calendar as soon as the order is issued.

6. The Debtor's Position: Objecting to Precautionary Attachment

A debtor against whom the order was made without being heard may apply to the court within seven days to object to the grounds on which the attachment rests, the court's jurisdiction and the security; the seven days run from the carrying out of the attachment if it took place in the debtor's presence, and otherwise from service of the attachment report (Art. 265/1). Third parties whose interests are infringed may also object within seven days of learning of the attachment. The objecting party must attach all documents relied on; after summoning and hearing both sides, the court may change or lift its decision if it finds the objection well founded.

• The review is limited to the grounds raised: the court examines only the reasons put forward.
• The decision on the objection can be appealed (istinaf); the regional court of appeal's decision is final. An appeal does not stop the attachment order from being enforced.
• Depositing the full amount or giving security can be a practical way of having the attachment lifted.
• Unjustified attachment may give rise to a damages claim against the creditor.

7. Precautionary Versus Final Attachment

Point	Precautionary attachment	Final attachment
Purpose	To secure the claim provisionally	To prepare for sale and payment to the creditor
Proof	Prima facie proof suffices	A final proceeding or judgment
Security	Required as a rule; not for judgment debts	Not required
Sale	Cannot be requested before conversion	Sale can be requested

8. Common Mistakes

• Underestimating prima facie proof: requests not backed by documents are rejected.
• Missing the 10- and 7-day deadlines: if the order is not enforced and the proceeding not started in time, the attachment lapses.
• Posting unnecessary security for a judgment debt: none is required where the claim rests on a judgment; but the file must show clearly that there is a judgment and its status.
• As a debtor, missing the objection period: the seven days start with the carrying out of the attachment or service of the attachment report; an objection made late will not be examined.
• Attaching everything: attachment of assets worth far more than the claim can lead to complaints and liability for the creditor.

Frequently Asked Questions

For legal advice on enforcement proceedings, precautionary attachment and debt collection, see our Enforcement & Bankruptcy Law page, or request an appointment through our Contact page.