In enforcement proceedings that have become final, the route creditors use most often is wage attachment (maaş haczi): the enforcement office writes to the employer, and a deduction is made from the salary every month until the debt is paid off. Because wage attachment directly affects the debtor’s livelihood, the law places limits on the deduction. In this article we explain how much of the salary can be deducted, the position of retirement pensions and how a wage attachment can be lifted.
How is a wage attachment applied? #
If no objection is made to the payment order in time, or the objection is removed, the proceedings become final. Through UYAP (the national judicial IT system), the creditor checks the debtor’s social security (SGK) record, finds out where the debtor works and asks the enforcement office for a wage attachment. The enforcement office sends the employer a wage attachment order (maaş haciz müzekkeresi). The employer is obliged to make a deduction every month and pay the amount into the account of the enforcement file; an employer who fails to comply can be held personally liable for the amount not deducted. The deduction continues until the debt, interest and costs are paid off.
Legal basis: The rule that no more than a quarter of the salary may be attached is laid down in Article 83 of the Enforcement and Bankruptcy Law No. 2004, and the debtor’s consent in Article 83/a.
How much of the salary is deducted? #
| Income | Deduction |
|---|---|
| Salary and wages (including minimum wage) | As a rule, one quarter |
| For a maintenance debt | The one-quarter limit does not apply; maintenance has priority |
| Retirement pension (SGK) | As a rule, cannot be attached except for maintenance and SGK claims |
| Bonuses, premiums, overtime | Treated as part of the salary and included in the deduction |
It is a common but mistaken belief that the salary of someone earning the minimum wage cannot be attached: one quarter of the minimum wage can also be attached. If there is more than one wage attachment against the same debtor, the deductions are made in turn, not at the same time; no deduction is transferred to the next file until the first attachment is completed.
Can a retirement pension be attached? #
A retirement pension paid by SGK (the Social Security Institution) cannot, as a rule, be attached, except for maintenance debts and SGK’s own claims. A deduction can be made with the express consent the debtor gives after the proceedings have begun. However, in the case law of the Court of Cassation (Yargıtay), a general “may be deducted from my salary” consent signed in advance in a bank loan agreement is not considered sufficient for attachment of a retirement pension. If deductions are being made from the pension because of an attachment placed on the account into which it is paid, lifting of the attachment can be requested by way of a complaint to the enforcement court.
How is a wage attachment lifted? #
A wage attachment can be lifted in different ways, depending on why the attachment was imposed and whether the debt actually exists:
1. Paying the debt or reaching an agreement with the creditor #
If the debt is paid according to the up-to-date statement of the file obtained from the enforcement office, the attachment is lifted. If a lump-sum payment is not possible, an instalment agreement can be made with the creditor; as long as the instalments are paid regularly, the creditor may consent to lifting the wage attachment or reducing the deduction. The agreement must always be notified to the enforcement file in writing. For the steps to close the file, see our article on how to close an enforcement file.
2. Complaint against an excessive or unlawful deduction #
If deductions above the statutory limit are being made, a retirement pension is being attached, or the attachment is based on an irregular act, a complaint is filed with the enforcement court within 7 days of learning of the act. If the court finds the complaint justified, it lifts the attachment or corrects the deduction rate.
3. Proceedings that became final through defective service #
If the payment order was not served properly, the debtor may have been unable to exercise the right to object. In this case, the defective service is challenged by complaint within 7 days of learning of it; if the complaint is accepted, the payment order is deemed to have been served on the date the debtor learned of it, and the objection period starts to run again.
4. If the debt has been paid or is time-barred #
If it can be proven, with an official document or one whose signature has been admitted, that the debt was paid after the proceedings began or has become time-barred, cancellation of the proceedings can be requested from the enforcement court.
5. If you believe you do not owe the money #
If the debt never arose, an action for negative declaration (menfi tespit davası) can be filed. In an action filed after the proceedings began, the court may, against security of at least 15% of the claim, issue an interim measure preventing the deducted money from being paid to the creditor; as a rule, however, this measure does not stop the deduction itself. Once the debt has been paid, an action for restitution can be filed within 1 year to recover the money paid.
Which income cannot be attached and which only in part? #
The Enforcement and Bankruptcy Law keeps certain income and assets outside attachment and treats others as attachable only in part:
| Income or asset | Position | Basis |
|---|---|---|
| Salary, wages, allowances, any kind of payment | In part; the deduction cannot be less than a quarter, three quarters remain with the debtor | Art. 83 |
| Retirement, invalidity and survivor’s pension from social security | Cannot be attached except for maintenance and social security claims | Law 5510 art. 93 |
| A home suited to the debtor’s condition | Cannot be attached; if its value is excessive it is sold and the difference paid over | Art. 82/12 |
| Goods, clothing and bedding needed by the debtor and their family | Cannot be attached | Art. 82/3 |
| Books and tools needed for the profession | Cannot be attached | Art. 82/4 |
| Severance and notice pay, leave pay | Treated as wages, so attachable in part | Art. 83 |
| Employee on the minimum wage | There is no exemption; the quarter deduction applies | Art. 83 |
By express consent given after the proceedings have begun, the debtor may allow a deduction of more than a quarter; consent given before the proceedings, for example in a standard clause of a loan agreement, is void (art. 83/a).
If there is more than one attachment, which creditor is paid first? #
Attachments from several enforcement files may be placed on the same salary; the deduction rate, however, does not change in total. The order is established on the following principles:
- Maintenance claims take priority: The quarter limit does not apply to maintenance, and maintenance is paid before other claims. Current and accrued maintenance are assessed separately.
- For other claims the rule is the order of attachment: The deduction goes to whichever file sent the first attachment writ; when that file closes, the next one follows. The employer cannot change this order on its own.
- Public claims: Tax and premium debts are pursued separately under Law No. 6183; the limits on attaching salary are observed in those proceedings as well.
The order of the files and the payments made to each should be monitored through the file statement and the attachment order information obtained from the enforcement office. If the order is applied incorrectly, the creditor or debtor suffering loss may complain to the enforcement court.
The employer’s duty and liability #
When the salary attachment writ reaches the employer, three things must be done: notify the enforcement office of the debtor’s wages and supplements, make the deduction at the statutory rate, and remit the deducted amount to the file.
If these duties are not fulfilled, the employer is held personally liable for the amount not deducted or not remitted; the enforcement court may also order disciplinary and criminal provisions to be applied (arts. 355–357). If the debtor leaves the job, the employer must notify the enforcement office within fifteen days.
The important point for the employee is this: a salary attachment is not a just or valid reason for terminating the employment contract. A dismissal made because of an attachment leads to reinstatement and compensation claims. After termination the attachment moves to the new employer; the debt does not disappear.
What happens to a wage attachment when you leave your job? #
If the debtor leaves the job, the attachment can no longer be applied at that workplace, but the debt does not disappear. The creditor can find the new workplace from the SGK record and ask for an order to be sent to the new employer. The employer must notify the enforcement office that the debtor has left. Amounts paid on leaving employment, such as severance pay and notice pay, may also fall within the scope of the attachment.
Points to watch in a wage attachment #
- Not missing the objection period when the payment order arrives: 7 days in general proceedings, 5 days for cheques and promissory notes
- Keeping your payslips; excessive deductions are established from the payslip
- Reviewing without delay any attachment notices concerning the account into which your retirement pension is paid
- Making any agreement with the creditor by notifying it to the file, not informally
- Regularly checking, via e-Devlet (the Turkish e-government gateway), the enforcement files opened in your name
For all stages of enforcement proceedings, the ways to object and enforcement costs for 2026, see our Istanbul debt enforcement lawyer and enforcement law page; for objecting to a payment order, see our article on objecting to enforcement proceedings.
