When an execution proceeding is initiated under Turkish Law, a payment order is served upon the debtor. If the debtor fails to object or pay within the statutory deadline, the proceeding becomes final. However, to prevent bad-faith debtors from dissipating, transferring, or concealing assets during this period, Turkish Law provides a temporary protective mechanism known as Provisional Attachment (İhtiyati Haciz).

I. What is Provisional Attachment and What Are Its Prerequisites? (EBL Art. 257)

Provisional attachment is a judicial protective measure that temporarily seizes the debtor's movable, immovable, and third-party receivables via court order prior to or during a lawsuit or execution proceeding, securing monetary claims.

Pursuant to Article 257 of the Enforcement and Bankruptcy Law (EBL), the legal conditions for granting a provisional attachment order are:

  • For Due Claims (Muaccel Borçlar): The claim must be monetary, due, and not secured by a pledge.
  • For Undue Claims (Müeccel Borçlar): A provisional attachment may only be requested if the debtor has no fixed domicile, or if the debtor is preparing to flee, hide assets, or engage in fraudulent transactions to evade commitments.

II. Strict Statutory Time Limits in Provisional Attachment

Obtaining a court order for provisional attachment is not sufficient on its own; strict statutory deadlines must be observed:

  • 10-Day Execution Limit (EBL Art. 261): The creditor must request execution of the provisional attachment order from the competent Enforcement Office within 10 days of issuance. Otherwise, the provisional attachment order automatically lapses.
  • 7-Day Main Proceeding Limit (EBL Art. 264): If the provisional attachment was executed prior to filing a lawsuit or execution proceeding, the creditor must initiate the main enforcement proceeding or file a lawsuit within 7 days of execution.

III. How to Reclaim Security (Teminat) Deposited for Provisional Attachment (EBL Art. 259)

When granting a provisional attachment order, the court orders the creditor to deposit security (typically 15%-20% of the claim value) to cover potential damages to the debtor or third parties. This security deposit can be reclaimed from the court under the following circumstances:

  • Finalization of the main lawsuit or execution proceeding in favor of the creditor,
  • Explicit written consent of the debtor regarding the release of the security deposit,
  • Failure of the debtor to file a damages lawsuit for wrongful attachment within 1 month following the discharge of the provisional attachment.

IV. What is Executive (Final) Attachment and How Does It Differ From Provisional Attachment?

Once the statutory objection and payment periods (e.g., 7 days in ordinary proceedings) lapse following the service of a payment order, the execution proceeding becomes final. Attachments executed after finalization constitute Executive (Final) Attachment (İcrai Haciz). No security deposit or court order is required for executive attachments.

Key Distinction: Provisional attachment merely provides priority and asset preservation; it does not authorize the creditor to demand the sale or liquidation of the seized property. Once the payment order in the main execution file becomes final, the provisional attachment automatically converts into an executive attachment, whereupon a formal sale may be requested.

Disclaimer: Requesting sale procedures directly under a provisional attachment before the proceeding becomes finalized constitutes a procedural violation subject to indefinite complaint (şikâyet) before the Execution Law Court. Consulting a qualified attorney for specific legal disputes is strongly recommended.