Can a retirement pension be garnished?

Can a Retirement Pension Be Garnished? – Lawyer in Izmir

Wage garnishment, a method used to collect debts during enforcement proceedings, allows creditors to seize employees' salaries. In practice, this is called wage garnishment. So, can retirement pensions be garnished? How is retirement pensions garnished? How can wage garnishment be lifted?

If a person against whom enforcement proceedings have been initiated is employed, whether in the public or private sector, the enforcement office sends a wage garnishment order to their employer in accordance with Articles 355 et al. of the Enforcement and Bankruptcy Law. Accordingly, the employer who receives the garnishment order is obliged to inform the enforcement office within one week that the garnishment has been executed and to immediately deduct the garnished amount from the debtor's salary or wages and deposit it with the enforcement office until the debt is paid off. Failure of the employer to comply with this order constitutes a crime, and a criminal complaint may be filed against them with the prosecutor's office.

So, what's the situation with retirement pensions?

Garnishment of retirement pension Social Security and General Health Insurance Law This is only possible for specific debts. According to the relevant regulation, pension payments cannot be garnished except for social security premium receivables and alimony receivables.

However, apart from these situations, a pension can be garnished with the debtor's consent in two cases. Firstly, if the debtor consents to the enforcement office making deductions from their pension to cover the debt, the pension can be garnished. Secondly, if the debtor has authorized the bank to make deductions from their pension under a loan agreement, the bank can unilaterally make deductions from the account under the terms of that agreement.

There are two ways to have a wage garnishment lifted.
The first is to have any irregular procedures annulled. For example, if irregular procedures have been carried out in an enforcement file, such as if the notifications were not in accordance with the procedure, or if the old file was closed and then renewed without paying the required fees, it is possible to apply to the enforcement court to have the wage garnishment lifted.

Another answer to the question of how to lift a wage garnishment is to pay the debt. The key point here is that the entire debt must be paid. Since the payment order issued to the debtor sometimes does not include items such as attorney fees, enforcement file expenses, court fees, and other expenses, the debtor who wishes to pay the debt should contact the opposing party's lawyer to state their intention to pay, or go to the enforcement office to obtain a statement showing the current debt amount before making the payment.

Here are some similar works that might interest you:;

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56