Placing a lien on bank accounts.

Seizure of Bank Accounts | Enforcement Lawyer in Izmir

When enforcement proceedings are finalized, the process of seizing the debtor's assets, bank accounts, and real estate begins to collect the debt. The aim of this seizure is to settle the debt. However, some types of receivables cannot be seized. For example, in the event of a seizure, the following cannot be seized: lifelong care claims, claims for moral damages, non-transferable usufruct rights, right of residence, right of pre-emption, family home or residence, or the rights of parents over their children's property. The method of seizing bank accounts, which we will discuss in this article, is one of the most frequently preferred methods of debt collection in practice. This is because if the debtor has money in their bank account, the debt can be collected without the need for sales procedures as with real estate.

How does the process work?

The debtor's deposit receivable in a third-party bank is considered movable property (Article 106/2 of the Turkish Enforcement and Bankruptcy Law) and can be seized with a seizure order or with a seizure notice prepared in accordance with Article 89 of the Turkish Enforcement and Bankruptcy Law. IİK The purpose of Article 89 is to seize the debtor's assets and receivables held by third parties. The aim is to close the debt by confiscating the debt owed to another party.

For a creditor whose enforcement proceedings have been finalized, they must first decide which method they prefer and then submit their request to the enforcement office. For example, if the creditor wants to seize the debtor's bank accounts, they must request the enforcement office to issue seizure warrants to the banks. Once the request fee is paid, the enforcement office will issue the warrants to the banks, specifying the debt and case information. The bank(s) receiving the warrant will then place a seizure block on all of the debtor's bank accounts if they have sufficient funds to cover the debt, and will inform the enforcement office of the situation. With this request, you can seize the debtor's bank deposits (money) and subsequently request the amount owed to your enforcement file. If you believe the debtor has bank deposits, requesting a seizure of their bank accounts is the most practical way to expedite the collection of your debt.

How can I find out if my bank accounts have been garnished?

If you have been subject to debt collection proceedings, you can obtain the most accurate information from the office that initiated the proceedings. Alternatively, if the proceedings were initiated in another city or if you are unable to visit the debt collection office, you can also check whether your bank account(s) have been seized via the e-Government and GIB (General Directorate of Revenue) websites.

I can't access my bank accounts. How can I lift the bank seizure?

Individuals whose bank accounts have been seized due to debt cannot have the seizures lifted until the debt is paid. Once the debt is paid, the seizure must be requested from the enforcement office and the file closed. After the debt is cleared, the enforcement office will, upon your request, write to the banks that placed the seizures, informing them that the debt has been paid and requesting the seizures be lifted. The current debt amount is crucial when closing enforcement files. Even if only a single penny remains in the file, it is impossible to close it. Therefore, it is beneficial to obtain the current debt amount from the enforcement office before making a payment. For information on the procedures to follow when closing an enforcement file, please refer to our related article. from here You can reach us. 

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