Seizure Procedures

Istanbul enforcement lawyer providing effective legal representation for objections to unjust seizures, identification of non-seizable assets and seizure release procedures.

Seizure Procedures

Seizure is the confiscation of the debtor's assets for the purpose of collecting the debt. Seizure procedures are carried out by the execution office.

Types of Assets Subject to Seizure

  • Movable assets (vehicles, electronics, etc.)
  • Immovable assets (house, land, shop)
  • Bank accounts and salary
  • Company shares
  • Receivables

Non-Seizable Assets

  • Essential household items
  • Tools necessary for profession
  • Portion exceeding 1/4 of salary
  • Entire pension

Objection to Seizure

If the seized property belongs to someone else or is non-seizable, a third-party claim lawsuit can be filed.

Frequently Asked Questions

Which assets cannot be seized?

Under art. 82 of the Enforcement Code, essential household goods, tools needed for the debtor's profession, the full retirement pension and more than one quarter of the salary generally cannot be seized. Alimony claims trigger limited exceptions. Inclusion of exempt items in a seizure report can be challenged by complaint to the enforcement court. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Can I recover my seized vehicle?

Payment of the debt and proceeding costs, or settlement with the creditor, allows the seizure to be lifted. Procedurally flawed seizures can be challenged at the enforcement court within 7 days. Third-party ownership claims trigger the separate procedure in arts. 96 et seq. of the Enforcement Code. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • İİK m.82
  • İİK m.96

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