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What is Precautionary Attachment (İhtiyati Haciz)?
Under the Turkish Execution and Bankruptcy Law (İcra ve İflas Kanunu, Law No. 2004, Articles 257–268), a Precautionary Attachment (İhtiyati Haciz) is a provisional legal remedy granted by a Commercial Court of First Instance (Asliye Ticaret Mahkemesi). It allows a monetary creditor to place an immediate, legally binding freeze on a debtor’s movable properties, bank deposits, company equity shares, and registered real estate holdings.
Unlike ordinary court judgments, an order for precautionary attachment is granted ex-parte (without hearing the debtor). The court evaluates the creditor's documentary evidence behind closed doors, issuing the freeze order within 24 to 48 hours to preserve the element of surprise.
Compute statutory commercial default interest under Law No. 3095 and TTK 1530 to include in your precautionary attachment claim amount.
Open Turkish Interest Calculator →Statutory Grounds for Attachment (Article 257)
To obtain an attachment order under Article 257 of Law No. 2004, the creditor must establish that:
- The debt is monetary and due (muaccel): The payment due date specified in the contract, commercial invoice, bill of exchange (bono), or promissory note has elapsed.
- The debt is not secured by a pledge (rehin): If the debt is already secured by a registered Turkish mortgage, ordinary pledge execution rules apply first.
- Prima Facie Evidence (Yaklaşık İspat): Absolute conclusive proof is not required at the interim stage; the creditor must provide reasonable documentary evidence demonstrating the existence and validity of the claim (e.g. signed purchase orders, customs declarations, CMR waybills, SWIFT confirmations, or written admissions of debt).
The Ex-Parte Freezing Process in Turkish Courts
The speed and discretion of the filing are paramount. A typical cross-border precautionary attachment unfolds in four distinct steps:
- Step 1: Emergency Commercial Court Petition: Your Turkish counsel of record files an urgent application before the competent Commercial Court detailing the overdue debt and documentary evidence.
- Step 2: Security Deposit (Teminat) Submission: Turkish courts typically require the applicant to deposit a cash guarantee or bank letter of guarantee (usually 10% to 15% of the claim amount) to cover potential debtor damages in the event the claim is ultimately found unjustified. Foreign creditors from countries party to the 1954 Hague Convention may qualify for security exemptions.
- Step 3: Judicial Freeze Order Issued (24–48 Hours): The judge reviews the file in chambers and issues the attachment order without summoning the Turkish debtor.
- Step 4: Centralized UYAP Execution: The order is immediately submitted to the Turkish Enforcement Directorate (İcra Dairesi), which electronically freezes the debtor’s bank accounts across all Turkish commercial banks via the central banking integration (UYAP / TCMB) within hours.
What Assets Can Be Frozen?
The attachment order applies broadly across all attachable debtor assets registered in Türkiye:
- Commercial Bank Accounts: Active TRY, USD, EUR, and GBP deposits in public and private banks operating in Türkiye.
- Real Estate Holdings: Caveats placed directly on Land Registry (Tapu Sicili) folios preventing the sale or transfer of apartments, offices, and land parcels.
- Trade Receivables (Third-Party Debts): Attachment notices served under İİK Article 89 to the debtor's corporate clients, ordering them to pay outstanding receivables into the execution office rather than to the debtor.
- Company Equity & Vehicles: Shares registered in the Turkish Trade Registry (Ticaret Sicili) and commercial vehicle fleets registered with the General Directorate of Security (EGM).
The Strict 7-Day Enforcement Clock
Turkish procedural law enforces strict, non-extendable statutory timeframes to protect legal certainty:
Following the execution of the freeze, the creditor must initiate formal debt collection proceedings (İcra Takibi) or file a substantive debt recovery lawsuit (İtirazın İptali Davası) within 7 days of the attachment report being drawn up.
Frequently Asked Questions
Does the Turkish debtor know we are applying for an asset freeze?
No. Precautionary attachment is an ex-parte procedure conducted without hearing the debtor. The debtor only discovers the order when attempting to access their frozen bank accounts or after the enforcement officers have registered the caveat.
Can a foreign company apply without traveling to Türkiye?
Yes. The entire proceeding is conducted by your licensed Turkish counsel under an apostilled and sworn translated Power of Attorney (Vekâletname).
What happens if the debtor files an objection?
The debtor has 7 days from notification to object to the attachment grounds before the court. However, filing an objection does not automatically lift the bank freeze unless the debtor deposits full cash security or an acceptable bank guarantee into the court escrow.