Attachment (seizure)
The legal seizure of the debtor's assets and rights by the enforcement office, in a finalised proceeding, to satisfy the creditor's claim.
All termsAttachment is the seizure by the enforcement office, in a finalised proceeding, of the debtor's assets and rights to the extent needed to satisfy the claim. Movables, immovables, bank accounts, wages and claims held against third parties may all be attached.
It is applied upon the creditor's request and limited to what covers the claim; excessive attachment is prohibited. Statute exempts certain assets, including household items essential to the debtor's family, tools necessary for their economic activity and maintenance claims, while retirement pensions may as a rule not be attached without the debtor's consent.
Attached movables may be entrusted to a custodian, and attachments over immovables are recorded on the title. An attachment survives only for the statutory periods within which sale must be requested, lapsing otherwise. Physical home attachments have been narrowed by legislative amendments, an area whose current state should be separately verified.
İpotek ile karıştırılmamalıdır: ipotek anlaşmayla önceden kurulan bir güvencedir, buradaki işlem ise takip sırasında devlet eliyle uygulanan el koymadır.
Statutory basis
- İİK m.78
- İİK m.85
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.