Ulgener

-Tuğba Duygu Yazıcı

Provisional attachment is a powerful interim measure available under Turkish law that allows a creditor, before commencing enforcement proceedings or while a lawsuit is pending, to temporarily freeze a debtor’s assets, including bank accounts. Its purpose is to prevent the debtor from disposing of, concealing, or diminishing assets that could frustrate the satisfaction of a claim. This measure is governed by Articles 257–268 of the Turkish Enforcement and Bankruptcy Law and differs from the specific regime regulating the arrest of ships under maritime law.

A creditor may apply for a provisional attachment when the debt is due and remains unpaid, provided that the existence of the debt can be demonstrated with appropriate documentation such as a contract, invoice, promissory note, or court judgment. Exceptionally, an attachment may also be granted before the debt becomes due if the debtor has no fixed domicile in Turkey, is hiding or transferring assets, is preparing to abscond, or is engaging in fraudulent acts to evade obligations. Such cases, however, are rare and require convincing evidence. 

Before granting the order, the court generally requires the creditor to provide security to compensate for possible damages if the attachment is later found to be unjustified. The amount of this security is left to the court’s discretion, but in practice it is usually set at around 15–25% of the claimed sum. If the court grants the request, the creditor must submit the decision to the enforcement office within seven days, after which the office issues writs of attachment to the debtor’s banks. Upon receipt, the banks are obliged to block the debtor’s accounts and freeze funds up to the amount specified in the order. The funds remain frozen until the conclusion of the main proceedings and are not released to the creditor at that stage.

 Following execution of the attachment, the creditor must initiate the main proceedings—such as enforcement or a lawsuit—within seven days. If the parties have agreed to a foreign jurisdiction or arbitration clause, as in a charter party subject to English law, the creditor must promptly commence proceedings before the relevant forum, and Turkish-translated versions of documents evidencing such commencement must be submitted to the court within seven days. Failure to do so results in the automatic lapse of the attachment.

The debtor may object to the decision or have the attachment lifted by depositing counter-security, upon which the court will review the objection and determine whether to maintain or lift the measure.

In conclusion, while Turkish law allows bank accounts to be frozen for overdue debts, courts grant such orders only rarely, as freezing assets without a final judgment is a highly restrictive remedy. Accordingly, courts require strong and credible proof of the debt’s existence. Evidence that the debtor is attempting to hide or transfer assets to avoid payment is also highly important and may persuade the court to grant