Following recent legislative updates under Law No. 7518, whether digital assets like Bitcoin (BTC), Ethereum (ETH), and Tether (USDT) can be subject to debt execution is a major focus in Turkish enforcement law. Recent court decisions affirm that crypto assets are legally classified as "economic commodities/movables" and are fully subject to attachment and garnishment.

1. Legal Classification of Crypto Assets under Turkish Law

Under Article 85 of the Turkish Enforcement and Bankruptcy Code (EBC), any asset or claim belonging to a debtor having financial value can be attached. Although cryptocurrencies are intangible, they carry market value and trade volume, rendering them movable assets under Turkish civil procedure.

2. Enforcement Notices to Crypto Exchanges (EBC Art. 89)

Creditor attorneys can request Turkish Enforcement Offices to issue Garnishment Notices under EBC Article 89 to Turkish-registered crypto exchange platforms (Binance TR, Paribu, BtcTurk, etc.).

  • Garnishment Service: Served electronically via UYAP/KESIS, freezing all fiat (TRY) and crypto assets in the debtor's exchange wallet.
  • Liquidation & Transfer: The exchange liquidates attached crypto assets into Turkish Lira at spot price and transfers funds to the enforcement court's account.

3. Hardware Wallets & Non-Custodial Storage

If a debtor stores funds in self-custody hardware wallets (Ledger, Trezor), direct automated garnishment via UYAP is technically impossible. Enforcement requires physical seizure of the hardware device or court orders compelling disclosure of private seed phrases.

Frequently Asked Questions on Crypto Seizures in Turkey

Can Turkish enforcement offices seize crypto accounts on Binance TR or Paribu?

Yes. Turkish Enforcement Offices issue Article 89 garnishment notices to Turkish-registered crypto exchanges, freezing fiat and cryptocurrency balances belonging to debtors.

Are cold hardware wallets subject to seizure in Turkey?

Assets in cold hardware wallets cannot be frozen via automated UYAP notices; physical seizure of the hardware device or voluntary/court-ordered disclosure of private keys is required.

What should I do if my crypto exchange account is frozen unlawfully?

You can file an appeal with the Enforcement Court or initiate a negative declaratory lawsuit to lift ungrounded attachments.

Can foreign exchanges (Binance Global, Bybit) be garnished from Turkey?

Direct electronic UYAP attachment is limited to Turkish-registered legal entities; international legal assistance or asset declaration orders apply for foreign platforms.

5. Judicial Precedent Decisions

1. Regional Court of Appeal Precedent: Prima Facie Proof Required for Interim Attachment Over a Crypto-Exchange Claim

Istanbul Regional Court of Appeal, 12th Civil Chamber – File: 2023/1030, Decision: 2023/874 (dated 01.06.2023, unanimous, final)

Summary: A creditor who cannot access their account at a crypto-asset exchange must, under articles 257/1 and 258 of the Enforcement and Bankruptcy Law, produce documents capable of satisfying the court as to the existence, amount and maturity of the claim before an interim attachment can be granted over the exchange company's assets. Email printouts and account screenshots do not meet that threshold; where the existence of a claim is disputed and requires adjudication, there is no matured monetary claim. The Regional Court of Appeal upheld the lifting of the interim attachment and dismissed the appeal on the merits.

"[…] In the present case it is understood that the plaintiff applied for interim attachment on the grounds that they could not access their account at the crypto-asset exchange, that reports of the crypto-asset service provider's insolvency had appeared, and that the provider might close down and attempt to conceal its assets as a result of becoming insolvent, and that certain computer printouts were submitted in support of the application. However, the documents filed are not capable of being accepted as documents satisfying the court of the existence of the plaintiff's claim within the meaning of article 258/1 of the Enforcement and Bankruptcy Law; the existence and amount of the plaintiff's claim can be established according to the evidence to be collected in the proceedings to be conducted. Since no matured monetary claim can be spoken of in respect of a claim whose existence is disputed and requires determination, there is no impropriety in the court's decision to allow the objection to the interim attachment order […]"

(Translated excerpt; Turkish original is authoritative)
View Full Decision (Turkish)

2. Regional Court of Appeal Precedent: A Crypto-Asset Claim Calls for Interim Attachment, Not an Interim Injunction

Istanbul Regional Court of Appeal, 14th Civil Chamber – File: 2025/733, Decision: 2025/824 (dated 15.05.2025, unanimous, final)

Summary: An action for compensation in respect of assets transferred without authorisation from a crypto wallet is, by its subject matter, a claim for a sum of money. Because an interim injunction may under article 389 of the Code of Civil Procedure be granted only in respect of the subject matter of the dispute, no injunction may be placed over the defendant's vehicles and immovables, which are not the subject matter; where the conditions are met, interim attachment under articles 257 et seq. of the Enforcement and Bankruptcy Law is the proper route. The Regional Court of Appeal dismissed on the merits the appeal against the refusal of the injunction.

"[…] The statutory provision lays down that an injunction may be granted only in respect of the thing that is the subject of the action. No injunction may be granted over assets that are not the subject of the action. In an action brought for a monetary claim, no injunction may be placed over assets. Where the conditions are met, the provisions on interim attachment may be relied upon. In an interim injunction, the thing in respect of which the order is made is essentially the subject matter of the principal action. In an action whose subject is a monetary claim, where the conditions in articles 257 et seq. of the Enforcement and Bankruptcy Law are met, an interim attachment order may be granted upon application. In an action in which a monetary claim is sought, no injunction may be granted in respect of the defendant's/debtor's vehicles and immovables, which are not the subject matter of the dispute […]"

(Translated excerpt; Turkish original is authoritative)
View Full Decision (Turkish)

For crypto exchange account disputes or asset defense, visit our Crypto & IT Law page or request legal counsel via Contact.

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