1. Introduction: Why Provisional Attachment Matters in Cross-Border Debt
Cross-border receivables create a predictable enforcement problem: time. The debtor can move funds, restructure assets, route payments through third parties, or empty accounts long before a judgment or arbitral award becomes enforceable. This is exactly the window in which Turkish law offers a powerful interim instrument: provisional attachment (ihtiyati haciz).
For foreign creditors, Turkey is often not the “forum for the merits,” but it is a key asset jurisdiction. Debtors may have:
- bank accounts in Turkey,
- Turkish customers (trade receivables),
- real estate or vehicles registered in Turkey,
- shares in Turkish companies,
- inventory, equipment, or ongoing projects located in Turkey.
In many commercial disputes, the only realistic leverage is to secure assets early. Provisional attachment is designed for that purpose: it is a measure that freezes attachable assets to secure the creditor’s eventual collection, without waiting for the final outcome of litigation or arbitration.
This guide explains how to obtain, execute, defend, and strategically use provisional attachment in Turkey when the claim has a foreign element—meaning the creditor or debtor is foreign, the contract is governed by foreign law, performance occurred abroad, or the dispute is otherwise international in nature.
2. What Is “İhtiyati Haciz” Under Turkish Law?
Provisional attachment is an interim protective measure regulated primarily under the Turkish Execution and Bankruptcy Law (İcra ve İflas Kanunu – “İİK”). It enables a creditor to secure a monetary receivable by attaching the debtor’s assets before the creditor obtains a final judgment or even before the main proceedings are filed—provided the legal conditions exist.
In essence, the court says: “This claim appears sufficiently credible at this stage, and there is a collection risk; therefore, the debtor’s assets may be provisionally attached up to a specific amount.”
Key characteristics:
- Monetary claim focused: Provisional attachment is primarily for money debts.
- Preventive: It prevents dissipation of assets that would undermine future enforcement.
- Temporary: It must be followed by main proceedings or enforcement steps within strict deadlines.
- Risk-balanced: The creditor generally must provide security (teminat) because wrongful attachment can harm the debtor.
3. Provisional Attachment vs. Provisional Injunction: Choosing the Right Tool
Foreign creditors often confuse two Turkish concepts:
- Provisional attachment (ihtiyati haciz) – mainly for monetary claims, governed by execution law (İİK).
- Provisional injunction (ihtiyati tedbir) – broader interim protection for many types of disputes, governed by the Code of Civil Procedure (HMK).
When to choose provisional attachment
Use provisional attachment when:
- your demand is a specific monetary receivable,
- you can define an amount (principal + interest + costs),
- you need classic attachment outcomes: freezing bank accounts, garnishing receivables, attaching property.
When provisional injunction may be better
Use provisional injunction when:
- the dispute is not purely a money debt (e.g., preventing transfer of a unique asset, stopping unfair competition, preventing disposal of shares in a way that causes irreparable harm),
- you need orders other than attachment, such as an order to do/not do something.
In practice, cross-border commercial disputes sometimes require a combined strategy: provisional injunction for a corporate action (e.g., blocking share transfers) and provisional attachment for the debt portion.
4. The Legal Basis: Key Articles and the “Foreign Element” Layer
Core domestic framework (overview)
- İİK (Execution and Bankruptcy Law): rules for provisional attachment (ihtiyati haciz), execution mechanics, objections, deadlines, security.
- HMK (Code of Civil Procedure): general procedural concepts (e.g., evidence expectations, interim measures logic, hearing practices).
- MÖHUK (International Private and Procedural Law Act): rules for international jurisdiction and foreign element issues.
The “foreign element” does not remove the tool
A crucial principle for foreign creditors: the presence of a foreign element does not eliminate the possibility of provisional attachment in Turkey. It changes the analysis of:
- which Turkish court is internationally competent, and
- how you structure procedural steps if the merits will be decided abroad.
5. International Jurisdiction: When Can a Turkish Court Order Attachment?
In foreign element disputes, the first question is: Can a Turkish court hear the request at all?
Turkish practice commonly relies on this logic:
- Determine whether Turkish courts have international jurisdiction under MÖHUK principles, especially the rule that international jurisdiction is often tied to domestic territorial jurisdiction criteria.
- Establish a sufficient Turkish connection: the debtor’s domicile/seat in Turkey, place of performance, or—most importantly in interim relief—the location of assets to be attached.
Asset-based connection is often decisive
In cross-border cases, the most persuasive jurisdiction story is simple:
- “The debtor has assets/receivables/bank accounts in Turkey; therefore, a Turkish court should be able to grant interim protection over those assets to preserve enforcement effectiveness.”
This approach is especially relevant where:
- the merits are before a foreign court,
- arbitration is seated abroad,
- the contract contains a foreign jurisdiction clause.
The creditor’s petition should be built around the Turkish asset nexus, not merely around contract facts abroad.
6. Venue and Competent Courts: Commercial vs. Civil
Even when international jurisdiction exists, you still need the correct type of court (subject-matter competence) and venue (territorial competence).
Competent court (general)
- Commercial Court (Asliye Ticaret Mahkemesi): typical for commercial receivables (sale of goods between merchants, banking/finance, corporate disputes tied to trade, many shipping-related commercial debts).
- Civil Court of First Instance (Asliye Hukuk): non-commercial monetary claims.
Venue (general practical anchors)
Venue commonly aligns with:
- debtor’s domicile or registered seat,
- place of performance,
- place where the attachment will be executed or where assets are located (especially in practice for interim relief).
Practical drafting point: In cross-border files, spend real effort on venue. Turkish judges often focus on whether they are the right court to grant such a measure. A clean venue argument reduces refusal risk.
7. Substantive Requirements: What the Creditor Must Prove
Although the details depend on the exact article application, a strong provisional attachment file usually demonstrates:
- A monetary receivable exists
- It is due (matured) or a statutory exception applies
- The receivable is unsecured (not fully secured by pledge)
- The claim is credibly evidenced at the interim stage
- There is a collection risk, often implicit in attachment logic
“Unsecured” does not always mean “no security exists”
If there is partial security (e.g., collateral that is insufficient), the creditor typically frames the request as attachment up to the unsecured portion (debt minus realistic collateral value).
“Due” is a cornerstone
For ordinary commercial debts, showing maturity is straightforward:
- contract payment date,
- invoice due date,
- default notice and elapsed grace period,
- account reconciliation showing overdue balance.
8. Due vs. Not-Yet-Due Claims: When Attachment Is Still Possible
Not all cross-border debts are due when the risk arises. Examples:
- installment loan not yet accelerated,
- deferred payment sale,
- long-term service contract with milestone payments.
Turkish law allows provisional attachment for not-yet-due claims only in exceptional circumstances, typically involving risk of evasion:
- debtor has no stable domicile,
- debtor is attempting to hide or transfer assets,
- debtor is preparing to leave jurisdiction,
- debtor is acting in a way that makes collection materially harder.
Practical point for foreign creditors
If the debt is not yet due, do not rely on general “risk” language. Provide concrete factual indicators:
- bank account closures,
- transfer of real estate to relatives or affiliates,
- cessation of commercial activity,
- abrupt liquidation or corporate restructuring,
- emails suggesting refusal to pay or intent to avoid enforcement.
Your goal is to show the court that waiting until maturity will likely destroy collection prospects.
9. Evidence Strategy for Foreign Creditors: “Approximate Proof” in Practice
Turkish interim relief practice is document-driven. Even if the court does not require full proof at this stage, it expects convincing evidence that the claim is more likely than not.
Best evidence package (high impact)
- Signed contract + annexes (scope, price, payment terms, default clause)
- Invoices + delivery/performance documentation
- bills of lading / CMR / delivery notes
- acceptance certificates / work completion reports
- warehouse receipts
- Account reconciliation / statement of account
- Written acknowledgments of debt (emails, letters, WhatsApp messages—if reliably authenticated)
- Default notice + proof of service and any reply
- Bank transfer proofs (SWIFT confirmations, remittance slips)
- Any admission by debtor of delay or inability to pay
Foreign documents: translation and consistency
Cross-border cases fail on small formal gaps:
- inconsistent company names across documents,
- missing signatures or unclear authority,
- unauthenticated printouts,
- poor translation that distorts payment terms or due dates.
Best practice: Attach a bilingual index of exhibits and short “what this proves” notes per exhibit. Judges appreciate clarity.
10. Security (Teminat): Amount, Form, and How to Argue It
Security is where many foreign creditors are surprised. Provisional attachment can be obtained, but the court may require meaningful security because an attachment can:
- freeze a company’s liquidity,
- damage reputation,
- disrupt commercial operations.
Typical forms of security
- Cash deposit to court account
- Bank letter of guarantee (depending on court approach and practical feasibility)
How to argue security intelligently
A good petition does not ignore security. It addresses:
- why the requested security should be moderate,
- the proportionality of security to claim amount,
- the strength of evidence reducing wrongful attachment risk,
- the urgency and debtor’s conduct (e.g., concealment) supporting attachment necessity.
When security may be waived or reduced
Turkish law recognizes situations where security may not be required or may be treated differently (for example, if the claim is based on a judgment or a document equivalent to a judgment). Even when full waiver is not possible, reduction can be argued through proportionality and clear documentary strength.
11. Procedure Step-by-Step: From Petition to Enforcement Office
Step 1: Prepare the petition as a “mini-case”
Your petition should read like a concise merits case:
- parties + foreign element
- chronology
- legal basis
- evidence list and exhibit bundle
- precise request (amount, categories of assets)
Step 2: Request ex parte handling (where appropriate)
Interim measures lose value if the debtor is warned. In practice, many attachment requests are processed quickly and sometimes without hearing the debtor at the outset. Your petition should:
- explain why immediate decision is necessary,
- highlight dissipation risk,
- propose security.
Step 3: Court decision: scope and amount
The court typically sets:
- the maximum amount to be secured (principal + interest + costs),
- the security requirement,
- the authorization to execute attachment via enforcement offices.
Step 4: Execute through the enforcement office (icra dairesi)
A provisional attachment decision is not self-executing. The creditor must take the decision to the enforcement office and request execution against:
- bank accounts,
- third-party receivables,
- movable assets,
- real estate (via registry notice),
- other attachable rights.
Execution speed is everything: a delayed execution can render the measure practically useless.
12. The Two Critical Deadlines (10 Days / 7 Days) and How Not to Miss Them
Turkish provisional attachment has strict timing mechanics. Foreign creditors must plan these from day one.
Deadline #1: Execute within 10 days
After the court grants provisional attachment, you must apply to the enforcement office to execute the attachment within the statutory time window (commonly recognized as 10 days from the decision). If you miss it, the decision can lose effect.
Deadline #2: “Complete the procedure” within 7 days
If you obtained attachment before filing the main lawsuit or starting enforcement, you must follow up within the statutory window (commonly 7 days, calculated from execution/notification details) by:
- filing the main lawsuit in Turkey or
- initiating enforcement proceedings (depending on your procedural path).
Cross-border warning: If the merits will be abroad (foreign court or arbitration), you must still design a Turkish procedural bridge to satisfy completion rules. Otherwise, you risk losing the attachment even if your claim is strong.
13. What Can Be Attached? Bank Accounts, Receivables, Real Estate, Shares
Foreign creditors usually want fast-moving assets. The most common targets are:
1) Bank accounts
Attachment on bank accounts is often the quickest leverage. The enforcement office sends attachment notices to banks; banks freeze amounts up to the attachment limit.
2) Garnishment of third-party receivables
If the debtor has Turkish customers, contractors, marketplaces, or payment institutions owing money to the debtor, the creditor can seek attachment over those receivables. This is extremely effective when the debtor’s business is active.
3) Real estate
Real estate attachment is slower as a leverage tool than bank freezes, but it is valuable for securing large claims. The attachment is reflected through registry procedures.
4) Vehicles and movables
Useful if the debtor has registrable vehicles or identifiable machinery.
5) Shares / partnership interests
In sophisticated cases, shares in Turkish companies or partnership interests can be targeted, although practical execution details require careful handling and are often more technical.
Practical tip: Avoid overly vague requests like “attach all assets everywhere.” Courts and enforcement offices prefer concrete asset classes and, where possible, known identifiers (bank name, company title, registry details).
14. Service, Translation, Apostille, and Cross-Border Practicalities
Cross-border attachment files often involve foreign documents and foreign parties. Common friction points:
Translation quality
A weak translation can undermine maturity (due date), amount, interest clause, and default mechanism. Use professional legal translation.
Authentication / apostille
Where Turkish authorities require authentication of foreign documents, plan apostille/legalization early. Not every document needs it in the same way, but it becomes important when the credibility of the document is contested.
Party identification
Ensure consistent spelling of:
- corporate titles,
- registration numbers,
- addresses,
- authorized signatories.
Minor inconsistencies can cause delays or rejection at the interim stage.
15. Debtor’s Objections and Lifting the Measure: Grounds and Tactics
After attachment is executed, the debtor typically moves fast. Common objection grounds include:
- No maturity: “The debt is not yet due.”
- Secured claim: “This claim is fully secured by pledge/collateral.”
- Weak evidence: “No approximate proof; documents are disputed.”
- Jurisdiction/venue: “This court cannot hear the request.”
- Security issues: “Security is insufficient or should be higher.”
- Disproportionate scope: “Attachment exceeds the claim or freezes vital operations unfairly.”
How to defend effectively
A creditor should be ready with:
- a clear maturity demonstration (dates, payment clause, default notice),
- structured exhibit citations,
- proportionality argument (attachment limited to the amount; not punitive),
- explanation of Turkish asset nexus and venue.
16. Damages Liability: The Hidden Risk for Creditors
Provisional attachment is powerful, but it carries a real risk: if the attachment is later found unjustified, the creditor may be liable for the debtor’s damages.
Examples of potential damages claims:
- bank credit lines canceled due to freeze,
- late payments to suppliers causing penalties,
- reputational harm leading to contract termination,
- operational stoppage.
This is why security exists and why creditors must file carefully:
- ensure claim is genuinely due or exception clearly applies,
- avoid inflated amounts,
- avoid attaching assets far beyond claim size,
- move quickly to main proceedings to show good faith.
17. Arbitration and Foreign Court Proceedings: Interim Relief in Turkey
Cross-border contracts often include:
- foreign court jurisdiction clause, or
- international arbitration clause.
Foreign creditors frequently ask: Can I still get provisional attachment in Turkey?
In practice, creditors often pursue Turkish interim relief to secure Turkish assets, while:
- arbitration proceeds abroad, or
- foreign litigation continues.
Key strategic logic
Interim relief is about asset preservation, not merits adjudication. Even if the merits will be decided elsewhere, a creditor may argue that Turkish courts should grant protective measures over Turkish-located assets to prevent enforcement from becoming meaningless.
Procedural planning matters
Because of the strict completion deadlines, foreign creditors should plan:
- how to align Turkish procedural requirements with foreign merits proceedings,
- which steps (lawsuit/enforcement bridge) will maintain the attachment’s effectiveness.
18. Common Cross-Border Scenarios and Winning Playbooks
Scenario A: Foreign supplier vs. Turkish buyer (unpaid invoices)
Winning package: contract + delivery proofs + invoices + default notice + admission emails.
Target assets: bank accounts + receivables from Turkish customers.
Scenario B: Foreign lender vs. Turkish borrower (loan default)
Winning package: loan agreement + SWIFT disbursement + repayment schedule + default notice.
Target assets: bank accounts + real estate + shares (if needed).
Scenario C: Services / construction / tech project with milestone payment dispute
Winning package: statement of work + acceptance documents + correspondence acknowledging completion.
Risk: debtor may dispute performance quality; strengthen the file with acceptance evidence.
Scenario D: Debtor is restructuring or shifting assets to affiliates
Winning package: corporate registry signs, asset transfers, sudden cessation, related-party transactions.
Key argument: dissipation/avoidance behavior justifies urgency and supports exceptional paths for not-yet-due claims where applicable.
19. Drafting Checklist: A Court-Ready Provisional Attachment Petition
Use this checklist to draft a petition that Turkish courts can process quickly:
A) Jurisdiction and venue
- Identify the Turkish connection: bank accounts, receivables, real estate, commercial presence.
- Explain why the chosen court is competent (commercial/civil) and territorially competent.
B) The claim (amount and maturity)
- Clear calculation of principal, interest basis, costs.
- Payment clause quotation (translated properly).
- Due date, default event, notice timeline.
C) Unsecured nature
- Explain absence of pledge security, or quantify unsecured portion.
D) Evidence bundle
- Exhibit index + short “what it proves” note per exhibit.
- Highlight the strongest 5–10 documents early.
E) Security plan
- Propose a reasonable security, form, and proportionality rationale.
- Argue for reduction when justified by documentary strength and urgency.
F) Requested attachment scope
- “Up to X amount” and list categories:
- bank accounts,
- third-party receivables (name likely debtors if known),
- real estate,
- vehicles,
- shares/rights (if relevant).
G) Deadline roadmap
- Internal plan to execute within 10 days.
- Plan for completion steps within the legal window.
Conclusion
For cross-border receivables, provisional attachment (ihtiyati haciz) is often the difference between a collectible award and a paper victory. Turkey’s framework enables foreign creditors to secure Turkish-located assets early—especially bank accounts and third-party receivables—provided the creditor presents a structured petition, credible documentary proof, and a realistic security plan.
If you treat the application as a “mini-case,” manage deadlines flawlessly, and target attachable assets precisely, provisional attachment becomes a highly effective collection-protection tool in Turkey—particularly in international trade, finance, and services disputes where assets can move fast and litigation takes time.
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