A preliminary attachment (ihtiyati haciz) lets a creditor freeze a debtor's assets before an enforcement proceeding or lawsuit has started. It is the main tool against a debtor who might transfer or hide assets while the creditor is pursuing payment.
When it is available (İİK art. 257)
The basic rule: a preliminary attachment may be granted for a money claim that is due and not secured by a pledge.
For claims not yet due, it is available only if the debtor has no fixed domicile, or is preparing to hide or move assets or to flee, or is carrying out fraudulent transactions that harm the creditor.
The court does not require full proof at this stage. The creditor must present evidence that makes the existence of the claim and the ground for attachment sufficiently likely.
Security (İİK art. 259)
The creditor must provide security against damages the debtor or third parties may suffer if the attachment turns out to be unjustified. As a rule this is at least 15% of the claim. No security is required where the claim is based on a court judgment or a document with equivalent effect. Courts accept cash or an unconditional, open-ended bank guarantee.
Deadlines after the order
These deadlines are short and missing one lifts the attachment automatically:
- Execution (art. 261): the creditor must ask the enforcement office to execute the order within 10 days of the order being issued.
- Starting proceedings (art. 264): a creditor who attached assets before filing must start enforcement proceedings or file a lawsuit within 7 days of being served with the attachment report.
- Conversion: once the enforcement proceeding becomes final, the preliminary attachment converts into a final attachment and the assets can be sold.
Objections (İİK art. 265)
The debtor may object to the court's jurisdiction, the grounds for the attachment and the amount of security, within 7 days. Third parties whose interests are affected may also object to the grounds or the security.
In practice
- An order is only useful if there is something to attach. Information on the debtor's real estate, vehicles and bank relationships should be gathered before applying.
- Claims based on cheques and promissory notes are well suited to preliminary attachment, because the instrument itself goes a long way towards showing the claim.
- Speed matters. Application, order and execution should follow each other as closely as possible.
Each case is different. This guide is general information and not legal advice.