What Can a Foreigner Do If Their Bank Account in Türkiye Is Subject to Enforcement Attachment?

A foreign national living, investing, working or doing business in Türkiye may suddenly discover that money in a Turkish bank account is unavailable.

The person may try to make a transfer and receive a warning.

The bank may say:

“There is a haciz on your account.”

The foreign customer may immediately assume that the bank itself decided to freeze the money or that the account has been blocked because the customer is not a Turkish citizen.

In many cases, neither assumption is correct.

A haciz, in the context discussed in this article, is an attachment imposed through Turkish enforcement proceedings in order to collect a debt.

The creditor initiates enforcement proceedings against the debtor and, once the legal conditions for enforcement are satisfied, may request attachment of the debtor’s assets and receivables.

Money held in a bank account is legally significant because the account holder has a monetary claim against the bank.

Accordingly, the debtor’s receivable from the bank can be attached.

The bank then becomes the third party holding or owing money belonging to the enforcement debtor.

The attachment may prevent the foreign account holder from using the attached amount and may ultimately result in money being transferred into the enforcement file for payment to the creditor.

Foreign nationality does not provide immunity from Turkish enforcement proceedings.

A foreign individual who:

• rents property in Türkiye;
• buys real estate;
• owns a company;
• has personal loans;
• signs a contract;
• causes compensable damage;
• guarantees another person’s debt;
• loses a court case;
• issues a negotiable instrument;
• or otherwise becomes legally liable for a debt

may be subject to enforcement against assets located in Türkiye.

However, the existence of an attachment does not mean that the attachment is necessarily correct.

The debtor may have several possible remedies.

Depending on the facts, the foreign account holder may be able to:

• object to the enforcement proceeding;
• challenge improper service of the payment order;
• file a complaint before the Enforcement Court;
• claim that the attached money is legally exempt from attachment;
• prove that the debt has already been paid;
• challenge excessive attachment;
• show that the account belongs to another person;
• seek removal of attachment from protected salary or pension funds;
• file a negative declaratory action;
• recover money wrongfully collected through a restitution action;
• negotiate payment and obtain release of the attachment;
• or request cancellation of an attachment after the legal basis has ceased to exist.

The correct remedy depends on one question:

Why was the account attached?

Can a Foreigner’s Turkish Bank Account Legally Be Attached?

Yes.

There is no general rule stating that Turkish enforcement proceedings can only be conducted against Turkish citizens.

Assets and receivables of an enforcement debtor in Türkiye can generally be subject to enforcement under the Enforcement and Bankruptcy Law No. 2004.

Article 85 provides that the debtor’s assets, receivables and rights may be attached in an amount sufficient to cover the creditor’s claim, including principal, interest and enforcement expenses.

Importantly, the current wording also expressly states that attachment cannot exceed the amount necessary to cover the claim.

Therefore, two principles must be considered together:

The creditor has a right to enforcement.

But:

The enforcement process should not result in excessive attachment beyond what is legally necessary.

A foreign debtor therefore has the same fundamental right to challenge an unlawful or excessive enforcement measure.

How Does a Creditor Attach Money in a Turkish Bank Account?

The creditor may request attachment of the debtor’s receivables held by banks.

The Turkish Enforcement and Bankruptcy Law provides a specific mechanism under Article 89, governing claims and assets of the debtor held by third persons.

For bank deposits, the bank is treated as the third person owing money to the account holder.

Article 89 allows an attachment notice to inform the third party that the debtor’s receivable has been attached and that payment should no longer be made freely to the debtor.

In practice, electronic systems allow Turkish enforcement offices to identify and communicate attachment orders to banks efficiently.

Once the relevant attachment reaches the bank, the bank must act according to the enforcement instruction and the balance legally subject to attachment.

An Important Distinction: The Article 89 Notice Is Usually Sent to the Bank, Not to the Foreign Account Holder

This point is frequently misunderstood.

Article 89 provides a procedure involving:

the enforcement creditor,

the enforcement debtor,

and

the third party holding the debtor’s asset or owing money to the debtor.

When a bank account is attached:

• the foreign account holder is generally the enforcement debtor;
• the bank is the third party.

Therefore, the famous Article 89 periods of:

• seven days for the first attachment notice;
• seven days following the second notice;
• and fifteen days after the third notice

primarily concern the third party receiving the attachment notices, such as the bank.

They should not be confused with the foreign debtor’s own period for objecting to the underlying enforcement proceeding.

Under the Article 89 system, if a third party does not object to the first notice within seven days, a second notice may follow; failure to object to the second notice can lead to a third notice requiring payment or a negative declaratory action within fifteen days. Turkish enforcement jurisprudence continues to recognise this three-stage structure.

But a foreign bank customer should not say:

“I have seven days under Article 89 because my bank account was attached.”

The customer’s correct deadline depends on the underlying enforcement proceeding and the specific remedy being used.

What Should the Foreigner Ask the Bank Immediately?

The first practical step is to obtain the enforcement information.

The account holder should ask the bank for information such as:

• the enforcement office;
• enforcement file number;
• date of the attachment;
• amount blocked;
• whether the attachment affects one account or several accounts;
• whether the money has merely been blocked or already transferred to the enforcement office;
• and whether several separate enforcement attachments exist.

A foreign debtor may discover that there are multiple enforcement files.

For example:

Istanbul Enforcement Office – File A

TRY 200,000 debt

Ankara Enforcement Office – File B

TRY 500,000 debt

Another creditor

separate attachment

In such a situation, removing one attachment does not automatically make the account fully available.

Every active restriction must be examined.

The First Question: Was the Foreign Person Properly Served with the Payment Order?

This can be decisive.

In an ordinary Turkish general attachment enforcement proceeding (ilamsız genel haciz yolu), a payment order must be served on the debtor.

Under Article 62 of the Enforcement and Bankruptcy Law, the debtor who wishes to object must generally submit the objection within seven days from service of the payment order.

A timely objection ordinarily stops an ordinary general enforcement proceeding.

Therefore, if a foreign customer discovers an attachment and says:

“I never knew there was an enforcement proceeding,”

the service records should be reviewed immediately.

Questions include:

• Where was the payment order sent?
• Was it sent to an old address?
• Was the service carried out according to Turkish service law?
• Was the debtor outside Türkiye?
• Was the address registered correctly?
• When did the debtor actually learn of the proceeding?
• Has the proceeding legally become final?

The fact that the debtor is foreign does not eliminate service requirements.

Is the Objection Period Always Seven Days?

No.

This is important for legal accuracy.

The seven-day period is the general rule for an ordinary general attachment proceeding under Article 62.

Different enforcement procedures have different objection and complaint periods.

For example, enforcement based on negotiable instruments, enforcement of judgments and specialised enforcement mechanisms operate under different procedural rules.

Therefore, the first page of the enforcement file should be examined before any deadline is calculated.

Foreign debtors should never rely on internet advice saying:

“All Turkish enforcement objections are seven days.”

That statement is incorrect.

What If the Foreigner Missed the Objection Period?

There may still be legal remedies.

The available remedy depends on why the deadline was missed.

Article 65 regulates delayed objection (gecikmiş itiraz).

Where the debtor was unable to object in time because of an obstacle arising without the debtor’s fault, delayed objection may potentially be available until the enforcement reaches the statutory stage specified by the provision.

The debtor must apply within three days after the obstacle disappears and submit evidence explaining the excuse.

This is an exceptional remedy.

Simply forgetting to check mail is not necessarily sufficient.

However, serious illness, unavoidable circumstances or another genuine no-fault obstacle may require examination.

What If the Payment Order Was Served Incorrectly?

Improper service can create a different procedural issue.

The debtor may need to file a complaint before the Enforcement Court concerning the service procedure and request that the legally relevant service date be corrected according to the applicable rules.

Under Article 16 of the Enforcement and Bankruptcy Law, complaints against unlawful or inappropriate enforcement-office acts are generally subject to a seven-day period beginning from learning of the act, except for circumstances in which the law allows complaint at any time.

The precise remedy in an improper-service case must be selected carefully.

A foreign debtor should not automatically file a delayed objection under Article 65 if the real legal issue is unlawful service.

Can the Foreigner Object Because They Do Not Owe the Debt?

Yes, if the procedural stage allows it.

Possible substantive objections can include:

• the debt never existed;
• the contract is invalid;
• the debt was already paid;
• the amount is incorrect;
• the debt is not yet due;
• the creditor is the wrong person;
• the debtor is the wrong person;
• a signature is not genuine;
• the debt is time-barred;
• or another defence applies.

In an ordinary general attachment proceeding, these issues should generally be raised through timely objection to the payment order.

If the enforcement proceeding has already become final because no timely objection was made, the debtor may need to consider other remedies, including a negative declaratory action under Article 72.

What Is a Negative Declaratory Action?

A negative declaratory action (menfi tespit davası) is a lawsuit in which a person asks the court to determine that they are not legally indebted to the creditor.

Article 72 of the Enforcement and Bankruptcy Law allows a debtor to bring such a case before or during enforcement proceedings.

This is especially relevant where:

• the enforcement proceeding has already become final;
• an objection period was missed;
• but the alleged debt does not exist under substantive law.

For example:

A foreign businessman receives an enforcement proceeding based on a contract.

The payment order becomes final.

His bank account is attached.

He later produces documents demonstrating that the debt had already been fully paid before the enforcement proceeding began.

Depending on the facts, a negative declaratory action may be considered.

Does Filing a Negative Declaratory Action Automatically Stop the Enforcement Proceeding?

No.

This is a crucial rule.

Article 72 distinguishes between a case filed before enforcement and one filed after enforcement has already begun.

Where the action is filed after enforcement has started, the court generally cannot simply stop the enforcement proceeding through an ordinary interim order.

However, subject to the statutory conditions and security requirement, the debtor may request that money collected into the enforcement-office account not be released to the creditor while the case continues.

Therefore:

“I filed a menfi tespit case”

does not automatically mean:

“The bank attachment disappears today.”

The correct interim-protection request must be considered.

Is Mediation Required Before a Negative Declaratory Action?

The answer depends on the legal nature of the underlying dispute.

For commercial disputes, Turkish Commercial Code Article 5/A was amended so that commercial:

• negative declaratory actions;
• restitution actions;
• and actions for annulment of objection

fall within the mandatory mediation framework for cases filed from 1 September 2023 onward. Current 2026 court decisions continue to apply this requirement.

Other disputes may have different mediation rules.

However, an Enforcement Court complaint or ordinary enforcement objection is not replaced by mediation.

A foreign debtor must therefore distinguish:

enforcement remedy

from

separate substantive lawsuit.

What Is an Istirdat or Restitution Action?

Suppose the account attachment has already resulted in money being collected and transferred to the creditor.

The foreign debtor later proves that no debt actually existed.

A restitution action (istirdat davası) under Article 72 may then be relevant to recover money paid under compulsory enforcement conditions.

Turkish case law recognises that where money is paid during a pending negative declaratory action, that action may continue as a restitution claim.

Therefore, the legal options do not necessarily disappear simply because the bank has already transferred the money.

However, timing becomes critical.

Can the Account Be Attached for More Than the Amount of the Debt?

The current wording of Article 85 expressly prohibits attachment beyond what is required to satisfy:

• principal;
• interest;
• and enforcement costs.

For example:

Total enforceable debt: approximately TRY 300,000

Bank balance: TRY 2,000,000

It would not be correct to treat the creditor as legally entitled to receive the entire TRY 2,000,000 merely because an attachment exists.

The attachment must be proportionate to the enforceable amount.

In practice, technical blocks may temporarily affect a broader account function while the bank processes the enforcement request.

If an attachment legally remains far beyond the amount required, a complaint regarding excessive attachment (taşkın haciz) may need to be considered.

Can More Than One Bank Account Be Attached?

Yes.

A creditor may search for and seek attachment of multiple assets.

For example, the debtor may have accounts at:

• Bank A;
• Bank B;
• Bank C.

The creditor may send attachment requests to all three.

However, Article 85’s prohibition against attachment exceeding the amount required remains relevant.

If assets already attached clearly and sufficiently cover the debt, excessively broad additional attachment may be challengeable depending on the circumstances.

What Happens If the Account Has No Money When the Bank Receives the Attachment?

As a general principle, the bank is responsible for the attachable receivable existing when the attachment reaches it.

Turkish Court of Cassation jurisprudence has repeatedly addressed attempts to attach money that may enter an ordinary bank account in the future.

The Court has held that where no continuing legal relationship creates a determinable future receivable, a bank’s responsibility is generally limited to the balance existing when the attachment notice reaches the bank.

In Court of Cassation 11th Civil Chamber, E. 2015/10434, K. 2016/4681, the Court approved the conclusion that later deposits into an ordinary account did not automatically become covered merely because the earlier notice purported to attach all future receivables.

The General Assembly of Civil Chambers has also stated that, for ordinary bank deposits, funds entering after service are not automatically treated as attached merely because the notice referred broadly to future receivables where no continuing underlying legal relationship existed.

Can Future Receivables Ever Be Attached?

Yes, in some circumstances.

Turkish enforcement jurisprudence recognises the concept of a future receivable (müstakbel alacak) where there is an existing legal relationship capable of producing a continuing and identifiable future payment.

Examples can include certain:

• salaries;
• rental receivables;
• recurring contractual payments;
• or similar continuing claims.

The General Assembly of Civil Chambers has explained that attaching future receivables requires an underlying continuing legal relationship and an identifiable type of receivable and debtor.

Therefore, there is a legal difference between:

an ordinary bank account that might randomly receive money next month

and

a continuing salary relationship generating predictable future receivables.

Can a Salary Account Be Attached?

Salary protection requires careful analysis.

Article 83 of the Enforcement and Bankruptcy Law provides special rules for salaries, allowances and other wages.

After deducting the amount considered necessary for the debtor and the debtor’s family to live, salary and wage income may be attached, but the statutory provision states that the attached amount cannot be less than one quarter in the ordinary framework. Multiple salary attachments are generally placed in sequence.

However, this does not mean every amount sitting in an account labelled “salary account” is automatically subject to a simple one-quarter calculation forever.

The source, nature and timing of the money must be examined.

There is also a difference between:

attachment directly at the employer level

and

attachment of an ordinary bank deposit after salary has entered an account.

Case law can be fact-specific.

If a bank account is used exclusively for protected or partially protected income, the account holder should immediately obtain:

• payroll records;
• employer transfer descriptions;
• bank statements;
• and documentation identifying the nature of the funds.

Can a Foreign Worker’s Salary Be Treated Differently Because They Are Foreign?

No special rule generally makes a foreign employee’s Turkish salary less protected merely because the employee is not Turkish.

The legal nature of the income is what matters.

A foreign employee lawfully earning wages in Türkiye may rely on the applicable enforcement protections in the same manner when the statutory requirements are satisfied.

Can an SGK Pension Be Attached?

Turkish SGK pensions are subject to a much stronger special protection.

Article 93 of Law No. 5510 provides that income, pensions and allowances under that law cannot generally be attached except for:

• receivables collected under Article 88;
• and alimony debts.

The provision further states that attachment requests concerning protected pension income must be rejected by the enforcement director where the debtor has not given the relevant consent.

Therefore, an ordinary credit-card or contractual creditor cannot simply treat an SGK pension like an ordinary unrestricted bank balance.

If protected pension income has been improperly attached, a complaint based on non-attachability should be considered immediately.

Does the Same Rule Apply to a Foreign Pension Paid from Another Country?

Not automatically.

The specific protection in Article 93 of Law No. 5510 concerns income and pensions under the Turkish social-security legislation.

A pension paid by a foreign institution must be evaluated under:

• the law governing the particular payment;
• Turkish enforcement rules;
• any applicable international arrangement;
• and the way the payment is legally characterised.

Therefore, a foreign pension paid into a Turkish bank account should not automatically be assumed to receive exactly the same protection as an SGK pension.

What If the Bank Account Is Joint?

Joint accounts can create difficult enforcement disputes.

Turkish Court of Cassation jurisprudence concerning joint accounts generally recognises that, unless a different arrangement is proven, the shares of joint account holders are presumed equal.

Therefore, if:

• the enforcement debtor is only one of two account holders;
• and the other account holder is not personally liable,

the non-debtor account holder may have a basis to protect their own share.

For example:

Foreign debtor A and spouse B have a joint account containing EUR 100,000.

Only A is an enforcement debtor.

If the account structure and evidence establish equal beneficial shares, treating the entire EUR 100,000 as A’s property may create a dispute.

The exact remedy depends on:

• type of joint account;
• account agreement;
• origin of funds;
• attachment instruction;
• and the bank’s implementation.

The non-debtor account holder should act immediately rather than allowing the money to be paid out and trying to recover it later.

Can a Foreign-Currency Account Be Attached?

Yes.

The fact that the balance is in:

• euros;
• US dollars;
• British pounds;
• Swiss francs;
• or another currency

does not generally exempt the account from enforcement.

Foreign-currency receivables are economic assets.

The bank may therefore receive an attachment affecting the account.

The exact transfer, calculation and conversion mechanics depend on the enforcement claim and banking procedure.

A foreign debtor should carefully compare:

• currency of the enforcement debt;
• currency of the attached account;
• exchange-rate calculation;
• amount blocked;
• and amount ultimately transferred.

What If the Bank Attached the Wrong Person’s Account?

This can occur because of:

• identification errors;
• similar names;
• incorrect Turkish foreigner identification numbers;
• confusion between company and shareholder;
• or mistaken implementation by the bank.

If the account holder is not the enforcement debtor at all, immediate written objection should be made to both:

• the bank;
• and the relevant enforcement office.

The foreign account holder should submit:

• passport;
• foreigner identification number;
• tax number;
• account ownership documents;
• enforcement-file information;
• and evidence demonstrating that the person is not the debtor named in the file.

Depending on the source of the mistake, an Enforcement Court complaint or separate legal action may be necessary.

Can a Company Debt Be Collected Directly from a Foreign Shareholder’s Personal Bank Account?

Not automatically.

A company and its shareholders are generally separate legal persons.

The existence of a corporate debt does not by itself authorise attachment of every shareholder’s personal account.

Personal liability requires an independent legal basis.

For example, personal exposure may potentially arise from:

• a personal guarantee;
• personal negotiable instrument;
• particular public-debt liability rules;
• director or manager responsibility under applicable legislation;
• lifting of separate legal personality in exceptional circumstances;
• or another direct obligation.

A foreign shareholder whose personal account is attached for a company debt should therefore immediately ask:

What is the legal basis on which I personally appear as the enforcement debtor?

Can a Spouse’s Debt Be Collected from the Foreign Spouse’s Separate Account?

Not merely because they are married.

Marriage does not automatically make one spouse personally liable for every debt of the other.

If an account belongs exclusively to the non-debtor spouse, the creditor needs a legal basis to pursue that person’s asset.

However, joint ownership, fraudulent transfers and other special circumstances can create separate issues.

Can the Foreigner Pay the Debt and Have the Attachment Removed?

Yes.

The simplest solution in an undisputed debt may be payment.

After:

• principal;
• interest;
• fees;
• enforcement expenses;
• and any other legally recoverable items

are fully satisfied, the enforcement office should process release of the attachment.

However, debtors should not simply send money directly to the creditor without coordinating the enforcement file.

If payment is made outside the file, the creditor should properly notify the enforcement office and arrange closure/release.

Otherwise, the account may remain technically attached even though the parties believe the debt has been paid.

Can the Creditor Agree to Remove the Attachment?

Yes.

Settlement is frequently possible.

The creditor may agree that:

• part of the debt is paid immediately;
• the remainder is paid in instalments;
• another security is provided;
• and the bank attachment is released.

A written settlement should address:

• total recognised debt;
• interest;
• instalment dates;
• consequences of default;
• release of existing attachments;
• whether enforcement continues conditionally;
• and legal costs.

Foreign debtors should not rely solely on:

“Pay this amount and I promise I will remove the haciz.”

The release terms should be documented.

What If the Creditor Refuses to Remove an Attachment After Full Payment?

A creditor cannot legitimately continue collecting a debt that has been fully satisfied.

The debtor should provide proof of payment to the enforcement office and request the appropriate release.

If the enforcement office refuses to perform an act required by law, Article 16 allows complaint against failure to perform a right or unjustified delay without the ordinary seven-day limitation applicable to many other complaints.

The exact procedural route should be selected according to the enforcement file.

What Is Excessive Attachment?

The purpose of enforcement is to collect the debt—not to impose unnecessary financial paralysis.

Article 85 currently expressly prohibits attaching assets beyond the amount required to cover the claim, interest and expenses.

For example:

Enforcement debt: TRY 250,000

Debtor has:

• TRY 400,000 in Bank A;
• TRY 500,000 in Bank B;
• real estate worth TRY 10 million.

If attachments remain unnecessarily on all assets far beyond what is required, excessive attachment may need to be raised.

The assessment must nevertheless account for:

• interest;
• expenses;
• value uncertainty;
• existing priority claims;
• and whether an attached asset can realistically be converted into money.

Can a Foreigner Ask for a Different Asset to Be Used Instead of the Bank Account?

In some circumstances, the debtor may propose another asset.

Article 85 contains rules allowing the debtor, in specified circumstances, to identify sufficient movable property or matured reliable receivables to satisfy the debt.

Whether substitution or reduction of an attachment is appropriate depends on the enforcement stage and characteristics of the proposed asset.

A debtor cannot necessarily force the creditor to accept any asset the debtor prefers.

But proportionality can be relevant.

What If the Debt Is Based on a Court Judgment?

Enforcement based on a court judgment is different from ordinary non-judgment enforcement.

The foreign debtor cannot ordinarily object to the underlying debt in the same simple manner as an ordinary Article 62 objection.

The judgment itself must be challenged through the available judicial remedies, while objections to enforcement are limited by the special rules governing judgment enforcement.

Therefore, when a bank account is attached, the lawyer should first determine:

Is the enforcement proceeding judgment-based or non-judgment-based?

This changes the entire defence strategy.

What If the Debt Is Based on a Cheque or Promissory Note?

Enforcement based on negotiable instruments also has its own accelerated procedural system and special deadlines.

A foreign debtor who receives a payment order based on:

• cheque;
• promissory note;
• or bill of exchange

should not rely on the ordinary seven-day Article 62 objection rule.

These cases require immediate examination because the relevant objection deadlines are shorter and the competent authority differs.

Does Leaving Türkiye Stop Enforcement?

No.

A foreign debtor cannot eliminate a Turkish enforcement file simply by leaving the country.

Assets located in Türkiye can remain subject to enforcement.

These can include:

• bank accounts;
• real estate;
• vehicles;
• company shares;
• receivables;
• and other property rights.

Likewise, a foreigner who has already returned abroad may still challenge an unlawful attachment through a Turkish lawyer acting under an appropriately issued power of attorney.

Can a Lawyer Remove the Account Attachment While the Foreigner Is Abroad?

Potentially, yes.

Depending on the issue, Turkish counsel may:

• obtain the enforcement file;
• examine service records;
• file an objection where still timely;
• challenge improper service;
• submit a delayed-objection application where legally available;
• file an Enforcement Court complaint;
• claim non-attachability;
• negotiate payment;
• apply for release of attachment;
• pursue a negative declaratory action;
• or recover money wrongfully collected.

The foreign account holder does not generally need to physically travel to every enforcement office.

What Documents Should a Foreign Debtor Collect?

The following documents may be critical:

• passport;
• Turkish foreigner identification number;
• tax number;
• residence records;
• bank statements;
• bank notification showing the attachment;
• enforcement file number;
• payment order;
• service documentation;
• underlying contract;
• receipts;
• bank transfers;
• loan documents;
• settlement records;
• invoices;
• payroll records;
• pension documents;
• joint-account agreement;
• documents proving ownership of funds;
• and any previous court judgment.

The account statement should clearly identify the source of money where a non-attachability claim will be made.

Practical Example 1: Foreign Tenant Faces Enforcement for Alleged Unpaid Rent

A foreign tenant leaves Türkiye.

The landlord claims three months of unpaid rent and starts ordinary enforcement proceedings.

The payment order is validly served.

The tenant does not object within the statutory period.

The proceeding becomes final.

The creditor locates the tenant’s Turkish bank account and attaches TRY 180,000.

The foreign debtor cannot normally solve the problem by simply telling the bank:

“I disagree with my former landlord.”

The bank is executing the attachment.

The debtor must address the enforcement file.

If the debt truly does not exist, a negative declaratory action may need to be considered depending on the facts.

Practical Example 2: Debt Was Already Paid

A foreign businessperson paid a supplier in full.

The supplier nevertheless begins enforcement and obtains attachment because the payment order was sent to an old address and no timely objection was made.

The debtor later discovers the attachment.

The strategy may require examination of:

• validity of service;
• payment records;
• available enforcement complaint;
• and, where necessary, a negative declaratory action.

The foreigner should preserve bank evidence showing that payment preceded the enforcement proceeding.

Practical Example 3: Account Contains an SGK Pension

A foreign national who previously worked in Türkiye receives an SGK retirement pension.

An ordinary commercial creditor attempts attachment.

Article 93 of Law No. 5510 generally prohibits attachment of such income except for the statutory exceptions concerning Article 88 receivables and alimony, absent the relevant consent.

The debtor should immediately seek removal of the unlawful attachment and document that the account funds derive from SGK pension payments.

Practical Example 4: Joint Account with a Non-Debtor Spouse

A foreign debtor and spouse hold a joint EUR account.

Only one spouse owes the enforcement debt.

The creditor obtains an attachment affecting the account.

The non-debtor spouse should not assume that their rights have disappeared.

Yargıtay’s general approach to joint accounts recognises equal shares unless another distribution is proven.

The account agreement and actual legal ownership should be examined and the non-debtor spouse’s share protected through the appropriate remedy.

Practical Example 5: Attachment Exceeds the Debt

A foreign investor owes TRY 300,000.

Three separate Turkish bank accounts containing TRY 4 million in total are blocked.

The debtor may need to request reduction of excessive attachments under the proportionality principle codified in Article 85.

The existence of several attachments is not automatically unlawful, but the total restraint should not be maintained beyond what is reasonably necessary to secure and collect the enforceable debt.

Practical Example 6: The Account Was Empty When the Attachment Reached the Bank

The bank receives an Article 89 notice while the foreign debtor’s account balance is zero.

A month later, the debtor transfers EUR 100,000 into that ordinary account.

Turkish Court of Cassation case law indicates that an ordinary Article 89 bank attachment does not automatically create unlimited continuing attachment over every future deposit merely because the notice refers generally to “future receivables,” unless an appropriate continuing legal relationship exists.

A later fresh attachment can, of course, create a new legal situation.

Practical Example 7: Foreign Shareholder’s Personal Account Attached for Company Debt

A Turkish limited company owes a supplier TRY 2 million.

The supplier attempts to collect directly from the foreign shareholder’s private bank account.

The shareholder should immediately determine why they were added as a personal debtor.

Mere share ownership does not automatically transform every corporate debt into the shareholder’s personal debt.

A personal guarantee, separate undertaking or another statutory basis would need to be identified.

Frequently Asked Questions About Bank Account Attachment in Türkiye

Can a foreigner’s Turkish bank account be attached?

Yes. Foreign nationality does not prevent lawful Turkish enforcement proceedings.

Does the bank decide to impose the attachment?

Usually no. In an enforcement attachment, the bank is implementing an instruction originating from the enforcement proceeding.

What is İİK Article 89?

It regulates attachment of receivables and property of the enforcement debtor held by third persons. In a bank-account attachment, the bank is normally the third person.

Do I personally have seven days to object under Article 89?

Not merely because your bank account was attached. The Article 89 notice periods principally concern the third party, such as the bank. Your own objection deadline depends on the underlying enforcement procedure.

How long do I have to object to an ordinary payment order?

In an ordinary general attachment proceeding, the Article 62 period is generally seven days from service.

What if I missed the deadline for reasons beyond my control?

Article 65 delayed objection may potentially apply, but the application must generally be made within three days after the obstacle disappears and the statutory conditions are strict.

What if the payment order was never properly served?

An Enforcement Court complaint concerning unlawful service may need to be filed.

Can I challenge the attachment itself?

Yes, where the enforcement act is unlawful, excessive or affects legally non-attachable property.

Can my entire salary be attached?

Salary and wage income is subject to special restrictions under Article 83. The exact attachable amount depends on the statutory framework and the debtor’s circumstances.

Can my SGK pension be attached?

Generally not for ordinary debts, subject to the statutory exceptions and consent rules under Article 93 of Law No. 5510.

Can my USD or EUR account be attached?

Yes. Foreign currency does not make the account immune from enforcement.

Can money deposited after the attachment notice also be taken?

Not automatically in every case. Yargıtay distinguishes ordinary future deposits from identifiable future receivables arising from an existing continuing legal relationship.

What if the debt has already been paid?

You should immediately submit payment evidence and use the appropriate objection, complaint or substantive action depending on the procedural stage.

Can the creditor attach more money than I owe?

Article 85 expressly provides that attachment cannot exceed the amount necessary to satisfy the enforceable principal, interest and costs.

Can I file a case saying I do not owe the debt?

Yes. A negative declaratory action under Article 72 may be available.

Does that lawsuit automatically stop enforcement?

No. A lawsuit filed after enforcement has begun does not automatically stop the proceeding. Special interim relief regarding money in the enforcement-office account may be available subject to statutory conditions and security.

Can I recover money already taken from my account?

Potentially yes. A restitution action under Article 72 may be available if money was collected although the debtor was not legally liable.

Can I resolve the matter from abroad?

Yes. A foreign debtor can generally appoint a Turkish lawyer through a properly issued power of attorney.

What Should a Foreigner Do in the First 24–48 Hours After Discovering a Bank Attachment?

The most useful response is a structured one.

1. Obtain the Enforcement File Number

Without the file number, almost every legal analysis is incomplete.

2. Determine the Type of Enforcement

Is it:

• ordinary general attachment;
• negotiable-instrument enforcement;
• judgment enforcement;
• provisional attachment;
• or another procedure?

3. Check Service

Identify when and how the payment order was served.

4. Calculate Deadlines Immediately

Do not assume that the deadline begins when the bank informs you.

5. Determine Whether the Debt Is Disputed

If not disputed, settlement may be economically preferable.

If disputed, identify the strongest procedural route.

6. Identify the Nature of the Attached Funds

Are they:

• ordinary savings;
• salary;
• SGK pension;
• joint-account money;
• company funds;
• money belonging to another person?

7. Check the Amount

Compare the blocked amount with the actual enforcement balance.

8. Preserve Bank Statements

Especially where salary, pension or third-party ownership will be argued.

9. Do Not Transfer Assets to Hide Them

Attempting to avoid lawful enforcement through sham transfers can create additional legal problems.

10. Act Before the Bank Transfers the Money

Recovering money after payment to the creditor can be significantly more complicated than obtaining timely protection.

Conclusion: A Bank Account Attachment Against a Foreigner in Türkiye Can Be Challenged, but the Correct Procedure Must Be Chosen Quickly

A foreigner’s Turkish bank account can legally be subject to enforcement attachment.

Foreign nationality does not create immunity from Turkish private debt enforcement.

At the same time, the creditor does not obtain unlimited power over the foreign debtor’s finances.

Turkish enforcement legislation creates detailed rules governing:

• how enforcement begins;
• how the debtor is notified;
• how objections are made;
• what assets may be attached;
• what assets are protected;
• how banks must respond;
• and how unlawful enforcement measures can be challenged.

The first essential distinction concerns Article 89.

When money in a bank account is attached, the bank is normally the third party holding the enforcement debtor’s receivable.

The Article 89 attachment-notice process therefore principally imposes obligations on the bank.

The foreign debtor should not confuse the bank’s seven-day Article 89 response periods with the debtor’s own right to object to the underlying enforcement proceeding.

For an ordinary general attachment proceeding, Article 62 generally gives the debtor seven days from service of the payment order to object.

If a timely objection is made in such a proceeding, enforcement is generally stopped until the creditor takes the legally appropriate further action.

If the debtor misses that deadline, the situation becomes more difficult—but not necessarily hopeless.

The debtor should investigate:

• whether service was lawful;
• whether delayed objection under Article 65 is available;
• whether an Enforcement Court complaint can be filed;
• and whether a negative declaratory action under Article 72 is necessary.

The nature of the attached money is equally important.

Ordinary savings can generally be attached.

But special statutory protections can apply to particular funds.

Article 83 provides protection concerning salaries and wages.

Article 93 of Law No. 5510 provides even stronger protection for Turkish social-security pensions, subject to its limited statutory exceptions.

Joint accounts also require separate examination.

Where only one account holder is a debtor, the other account holder may have independent rights. Turkish Court of Cassation jurisprudence generally treats joint account shares as equal unless a different arrangement is proven.

Foreign-currency accounts are not exempt simply because the money is held in euros or dollars.

However, the amount attached must still correspond to the enforceable debt.

Article 85 expressly prohibits attachment beyond the amount required to cover principal, interest and enforcement expenses.

Future bank deposits present another important issue.

A creditor cannot always convert a single Article 89 notice into an indefinite attachment over every amount that might ever enter a bank account.

Court of Cassation jurisprudence distinguishes an ordinary uncertain future bank deposit from an identifiable future receivable arising from an existing continuing legal relationship.

Therefore, the following questions should be answered immediately whenever a foreigner’s Turkish bank account is attached:

Which enforcement office imposed the attachment?

What is the file number?

Who is the creditor?

What is the alleged debt?

What type of enforcement proceeding is being used?

Was the payment order properly served?

Did the objection period expire?

Has the debt already been paid?

Is the attached amount excessive?

Does the account contain salary or protected pension income?

Is the account joint?

Does part of the money belong to a non-debtor?

Has the bank already transferred the money to the enforcement office?

Has the enforcement office already paid the money to the creditor?

The procedural strategy depends on the answers.

For some debtors, the solution is a simple timely objection.

For others, it is an Enforcement Court complaint.

For another case, the correct route may be delayed objection.

For a debtor whose enforcement proceeding has already become final, a negative declaratory action may be necessary.

If the money has already been wrongfully collected, restitution may need to be pursued.

And where the debt is genuine, negotiating payment and obtaining a formal release of the bank attachment may be the fastest and most economical solution.

The key rule is therefore:

Do not treat a bank account attachment merely as a banking problem.

The bank is usually only implementing the enforcement measure.

The real legal problem exists in the enforcement file.

A foreign debtor who identifies that file quickly, calculates the correct deadlines and chooses the right enforcement remedy may be able to prevent transfer of the money, reduce the attachment or have it removed entirely.

Legal Basis

The principal Turkish provisions relevant to enforcement attachment of a foreigner’s bank account include:

Enforcement and Bankruptcy Law No. 2004

Article 16 – Complaint Against Enforcement Acts

Allows complaints against unlawful or inappropriate acts of enforcement offices. The ordinary complaint period is generally seven days from learning of the act, while failures to perform a right or unjustified delay can be complained about at any time.

Article 62 – Objection to an Ordinary Payment Order

Provides the general seven-day objection period in ordinary general attachment proceedings.

Article 65 – Delayed Objection

Allows a debtor prevented without fault from objecting in time to seek delayed objection under strict conditions, including the three-day period after disappearance of the obstacle.

Article 72 – Negative Declaratory and Restitution Actions

Allows a debtor to seek a declaration that no debt exists and provides the statutory framework for recovery of money wrongfully paid under enforcement.

Article 83 – Partially Attachable Income

Regulates attachment of salaries, wages and specified recurring income and requires consideration of the debtor’s and family’s subsistence needs.

Article 85 – Scope and Proportionality of Attachment

Allows attachment of the debtor’s assets, claims and rights only to the extent necessary to cover principal, interest and enforcement costs and expressly prohibits attachment beyond that amount.

Article 89 – Claims and Property Held by Third Persons

Provides the principal attachment-notice framework for claims and property of the debtor held by third parties, including banks.

Social Insurance and General Health Insurance Law No. 5510

Article 93 – Protection of Social Security Income and Pensions

Provides that income, pensions and allowances under the statute generally cannot be attached except for the specified Article 88 claims and alimony obligations, subject to the statutory consent framework.

Selected Court of Cassation Principles

Court of Cassation General Assembly of Civil Chambers, E. 2012/12-139, K. 2012/624

A bank’s responsibility under an attachment concerning an ordinary deposit account was held to be limited to the situation existing when the notice was received where later payments did not arise from an identifiable continuing legal relationship.

Court of Cassation 11th Civil Chamber, E. 2015/10434, K. 2016/4681

Confirmed that later amounts entering an ordinary bank account are not automatically captured merely by broadly referring to future receivables where no qualifying continuing relationship exists.

Court of Cassation General Assembly of Civil Chambers, E. 2017/369, K. 2019/130

Explained that future receivables can be attached where an existing continuing legal relationship exists and the future receivable is sufficiently identifiable.

Court of Cassation 3rd Civil Chamber, E. 2023/2116, K. 2024/1751

Reaffirmed in the context of joint bank accounts that shares are generally considered equal unless a different distribution is alleged and proven.

Court of Cassation 12th Civil Chamber, E. 2025/8860, K. 2026/1586

A recent 2026 judgment continued to apply the statutory Article 89 attachment-notice system and examined the formal validity and amounts stated in successive attachment notices, confirming the continuing practical importance of correct Article 89 procedure.

Disclaimer: This article provides general information about Turkish enforcement and banking law. It does not constitute legal advice for a specific enforcement file. Objection and complaint periods in Turkish enforcement law can be extremely short, and different enforcement procedures have different deadlines. Anyone who discovers an attachment on a Turkish bank account should obtain the enforcement file and service documents immediately before determining the appropriate legal remedy.