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.
Sources
- Social Insurance and General Health Insurance Law No. 5510, Art. 93
- Enforcement and Bankruptcy Law No. 2004, Art. 16
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?