Skip to content

Can a Retirement Pension Be Attached?

The non-attachability of pensions paid by the Social Security Institution, its exceptions, and complaints to the enforcement court.

Author: Att. Ahmet Bertuğ Dönmez Date: 14 August 20261 min read

Income and pensions paid under Social Insurance and General Health Insurance Law No. 5510 cannot, as a rule, be attached or assigned (Law No. 5510, Art. 93).

Exceptions

Proceedings for maintenance debts and for receivables of the Social Security Institution are excluded from this rule; a pension may be attached for these debts (Art. 93).

Whether a debtor can waive non-attachability in advance, consent clauses in loan agreements and deductions made by banks from the account are disputed in practice; each file must be assessed on its own documents.

What can be done against the attachment?

If a non-attachable pension has been attached, the debtor may file a complaint with the enforcement court within seven days of learning of the attachment (Enforcement and Bankruptcy Law, Art. 16). If the court upholds the complaint, it orders the attachment to be lifted.

Obtain a bank statement showing the deductions and a copy of the attachment letter from the enforcement office; the complaint period starts on the day you learn of the attachment.

Sources

  • Social Insurance and General Health Insurance Law No. 5510, Art. 93
  • Enforcement and Bankruptcy Law No. 2004, Art. 16
Content on this site is for general information only and does not constitute legal advice.

Discuss this matter

You can write to us with a short description and, if you have one, the date the document was served.

How does it work?