Interim Attachment (Ihtiyati Haciz) for Foreign Creditors in Turkiye: How It Works

A foreign creditor concerned that a Turkish debtor may dissipate assets before or during enforcement can apply to the competent Turkish court for interim attachment, known as ihtiyati haciz, over the debtor's identifiable assets, provided the application demonstrates a sufficiently credible monetary claim and satisfies the applicable procedural conditions.

Interim attachment is a precautionary measure that freezes specified assets of the debtor, such as bank accounts, receivables or movable and immovable property, before the underlying claim has been finally decided, so that a later successful enforcement is not defeated by the debtor moving or hiding assets in the meantime. For foreign creditors, whose only practical connection to Türkiye may be the debtor's assets there, this measure is often central to any recovery strategy.

The Enforcement and Bankruptcy Law No. 2004 sets out the conditions and procedure for interim attachment, including the circumstances in which a creditor may apply, the type of decision the court issues, and the steps that must follow once attachment is granted, including the requirement to pursue the underlying enforcement or litigation within a set period after the attachment decision. Interim attachment can be sought both for money claims already reduced to a payment order and for claims that have not yet been formally pursued through enforcement.

In practice, Turkish courts examine the application for interim attachment on the basis of the documents submitted, without necessarily hearing the debtor first, given the precautionary and often urgent nature of the measure. Courts commonly require the creditor to show the claim's underlying basis with reasonable specificity, such as a contract, invoice or acknowledgment of debt, and frequently require the creditor to deposit security to compensate the debtor for any loss if the attachment later proves unjustified.

A recurring practical issue for foreign creditors concerns the security requirement, since courts may set the amount and form of security in a way that increases the practical cost of seeking attachment. There is also ongoing debate about how detailed the evidence supporting the underlying claim must be at this preliminary stage, given that the merits are not yet finally decided, and about how quickly identified assets can realistically be located and attached before they are moved.

The applicant generally must show that a monetary claim is due, unsecured, and at genuine risk if attachment is not granted, and must identify or reasonably describe the assets to be attached, such as specific bank accounts, receivables from Turkish customers, or real property. Supporting documents proving the claim's existence and amount should accompany the application.

Once interim attachment is granted, the creditor must generally initiate the underlying enforcement proceeding or lawsuit within a short statutory period, failing which the attachment may lapse. Given the urgency of the measure, applications should be prepared and filed promptly once the risk of asset dissipation becomes apparent, since delay can undermine both the practical effectiveness and the legal justification for the measure.

Applications for interim attachment are made to the competent Turkish civil court, generally in the location connected to the debtor or the assets, and enforcement of the attachment decision itself is then carried out through the relevant enforcement office.

Supporting evidence typically includes the contract, invoices, correspondence or any acknowledgment of debt establishing the claim, information identifying the debtor's assets in Türkiye, and, where required, proof of the security deposited or offered to the court. Precise identification of assets significantly improves the practical effectiveness of the measure.

A common mistake is applying for interim attachment without first identifying specific, realistically attachable assets, which can render the measure ineffective even if granted. Foreign creditors also sometimes underestimate the security requirement or delay filing the underlying claim after attachment is granted, risking the attachment lapsing entirely.

Can a foreign company apply for interim attachment against a Turkish debtor? Yes, foreign creditors may apply, subject to the general conditions applicable to any creditor and, in some cases, security requirements that can differ for foreign claimants.

Does the debtor get a chance to respond before attachment is granted? Typically not before the initial decision, given the precautionary and often urgent nature of the measure, though the debtor can later challenge the attachment.

What happens if the underlying claim later fails? The creditor may be liable to compensate the debtor for losses caused by an unjustified attachment, which is one reason courts require security.

Is interim attachment the same as final enforcement? No, it is a precautionary measure to preserve assets pending the outcome of the underlying claim, not a final collection of the debt itself.

We assess, before any application is filed, whether specific attachable assets can realistically be identified in Türkiye and whether the underlying claim is documented well enough to justify interim attachment, since a poorly targeted application can waste both time and the security deposited without protecting the creditor's position.