KÜHEYLAN HUKUK
Goods and Rights That Cannot Be Seized: Which Goods Cannot Be Touched During Enforcement Proceedings? Within the scope of Article 82 of the EBL, the complaints about household goods, professional tools, residence and non-seizability have been updated as of 2026.
Enforcement proceedings do not extend to all assets of the debtor. The law excludes some goods and rights from seizure so that the debtor and his family can live a life worthy of human dignity. In the guide, the main non-seizable properties and rights listed in Article 82 of the EBL, the appropriate house (dwelling) rule, the duration of the non-seizable complaint and common mistakes made during seizure are discussed. Since salary and bank account garnishments are explained in a separate guide, only the general framework is drawn here.
1. Why Does Non-Seizure Exist?
Enforcement law observes two balances: the creditor's recovery of his receivable and the protection of the debtor's minimum living conditions. The legislator has embodied this second purpose with the list of non-seizable goods and rights in Article 82 of the EBL. The goods on the list are protected regardless of the debtor's debt; because foreclosure cannot aim to push the debtor into poverty rather than debt repayment.
Non-seizability covers not only a type of goods, but sometimes also the intended use of the goods. While the same item may be seized in one case, it may not be seized in another. Therefore, the outcome is often determined by the characteristics of the event.
Mandatory household items Basic items such as beds, kitchen appliances, refrigerators, washing machines and televisions for the use of the debtor and his family. If there is more than one item of the same type, only the quantity that meets the need is preserved.
Professional and art tools Tools and equipment used by the debtor in his/her livelihood. For example, the lawyer's basic books or the tailor's sewing machine.
Agricultural and livestock vehicles Seeds, agricultural tools, working animals and their feed required for production.
food and fuel Food and fuel that meet the short-term needs of the debtor and his family.
Bodily damage compensation Compensations that cover bodily harm paid due to reasons such as work accidents or traffic accidents.
suitable house Non-luxury housing where the debtor and his family live (EBL article 82/1-12).
student scholarships Scholarships given for educational purposes.
pensions It is protected in accordance with social security legislation; There are exceptions such as public receivables and alimony receivables.
Each item on this list has its own conditions and exclusions. For example, the debtor can make a non-seizable property confiscable with his express and free will. However, this consent must be written, explicit and not obtained under pressure of execution.
3. What is a Suitable House?
Dwelling is the rule that a house that meets the housing needs of the debtor and his family and is suitable for his situation and needs cannot be seized. Whether the house is luxury or not; It is evaluated according to its square meter, the region it is located in and the family of the debtor. If the debtor has more than one real estate, only the needed and actually occupied residence is protected.
If the house is truly luxurious, it can be completely seized. In this case, from the sales price, an amount sufficient for the debtor to purchase a similar house is allocated in favor of the debtor. This rule is referred to in practice as "abandonment in lieu of consideration".
A claim of residence cannot be made for debts secured by mortgage; because the debtor's house itself has provided collateral for this debt.
The defense of residence may be limited against some claims, such as alimony claims.
4. How to File a Complaint for Non-Seizure?
If a non-seizable property has been seized, the debtor must file a complaint with the enforcement court (EBL art. 16). The application period is 7 days from the date of learning of the seizure. The competent court is the enforcement civil court where the enforcement office that carries out the seizure is located.
In cases of non-seizure due to public order, the application is not completely closed in practice, even if the 7-day period has passed. For example, a lien placed on a pension without consent or a lien on basic living goods can be evaluated within this scope. However, applying without delay is important both to protect the evidence and to stop the sale process.
Along with the application, it may also be requested that the execution be postponed to await the outcome of the non-seizure complaint. Otherwise, the goods may be put on sale before the complaint is resolved.
Seizure of non-seizable property renders that transaction unlawful and causes loss of expense and time for the creditor.
Conducting asset research before foreclosure makes it easier to determine the seizable value.
If the debtor has a spare professional vehicle or a luxury item, this property can be seized.
If an objection of non-seizability arises, the creditor must demonstrate the nature and value of the goods with concrete documents.
A bailiff came to a debtor's house and seized the television in the living room, two separate refrigerators, and two sewing machines in the workshop where the debtor worked as a tailor. The debtor applied to the enforcement court, claiming that the seizure was unlawful.
A single television and a refrigerator are maintained as essential household items; However, if the second refrigerator is deemed to be more than needed, it may be seized. While one of the sewing machines in the workshop is protected as a professional tool, the other is examined whether the debtor actually uses it. The decision can be made separately for each property.
If I have only one house, can it be foreclosed?
The only housing suitable for its condition is preserved. However, foreclosure may be possible against the mortgage creditor in case of a mortgaged house, and in case of a luxury house, it may be possible to foreclose on the condition that a portion of the sales price is left to the debtor.
Can my vehicle be impounded?
As a rule, the vehicle can be seized. However, a tool that is essential for the debtor's profession and that enables him to earn his living can be considered as a professional tool.
What should I do if non-seizable property is seized?
A complaint must be made to the enforcement court within 7 days from the date of learning about the seizure. A suspension of sale must also be requested along with the application.
Does non-seizability eliminate the creditor's rights?
No. The debt continues; Only the protected property cannot be sold against debt. The creditor may apply for other property and rights of the debtor.
Not preparing documents (deed, invoice, professional registration) to prove non-seizability
As a creditor, having to seize non-seizable property and losing time and expense in the file
Non-seizure rules determine the humane limit of enforcement proceedings. Knowing this limit for the creditor makes the foreclosure strategy effective; For the debtor, exercising his rights in due time determines the outcome. Küheylan Law Firm monitors the legality of foreclosure transactions by taking into account the rights of both creditor and debtor parties in enforcement files and prepares complaints of non-seizability in a timely and complete manner; For detailed evaluation, an appointment can be requested via info@kuheylanhukuk.com.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In enforcement and bankruptcy law, the periods are short and the consequences are heavy; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK