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What is a Precautionary Seizure Decision? In Which Situations and How to Take It?
Precautionary Seizure Conditions, Application Procedure and Objection Ways within the Scope of EBL Article 257-268
Precautionary Seizure Conditions, Application Procedure and Objection Ways within the Scope of EBL Articles 257-268 This guide has been prepared based on the current provisions of the Execution and Bankruptcy Law No. 2004 and the precedents of the Supreme Court of Appeals.
Summary Precautionary lien is the temporary securing of a due money receivable that is not secured by a pledge, by a court decision, against the possibility of the debtor missing or disposing of his property. In accordance with Article 257 of the Execution and Bankruptcy Law, the creditor can obtain this measure by approximately proving his receivables and depositing the guarantee determined by the court. The decision must be enforced within 10 days from the date of issuance, and the main prosecution must be initiated or a lawsuit must be filed within 7 days from the enforcement of the seizure; Otherwise, the measure automatically becomes invalid. The debtor and third parties whose interests have been violated may object to the decision within 7 days or request the removal of the lien by providing collateral.
1. What is Precautionary Seizure? Precautionary seizure is a temporary legal protection measure to secure money or receivables that can be expressed in money, regulated between Articles 257 and 268 of the Enforcement and Bankruptcy Law. The first paragraph of Article 257 of the Law is clear: the creditor of a money debt that is not secured by pledge and is due may have the movable and immovable properties, receivables and rights of the debtor in his own possession or held by a third party, to be seized as a precautionary measure. The importance of this institution lies in preventing the debtor from losing his assets from the creditor's access before an enforcement proceeding is finalized or the case is concluded. Precautionary lien is not a lawsuit; It is subject to a simple trial procedure where the court decides on the file, often without hearing the debtor. Although the decision is within the jurisdiction of the court, its actual implementation is only possible through the enforcement office. The effect of the decision is temporary: the creditor must initiate main proceedings or file a lawsuit within certain periods; Otherwise, the measure disappears automatically.
2. Differences Between Precautionary Seizure and Precautionary Injunction These two temporary legal protection institutions, which are often confused with each other in practice, differ clearly in terms of purpose, scope and implementation method. While provisional seizure is foreseen only for money receivables, provisional injunction serves to protect all kinds of rights and goods other than money; While a provisional lien can be applied on any asset value of the debtor, a provisional injunction can only be established on the rights or goods that are the subject of the lawsuit.
Criterion Precautionary Seizure Precautionary Measure Legal Basis EBL art.257-268 HMK art.389-397 Subject Only money receivables All kinds of rights and goods other than money Applicable Goods Any asset value of the debtor Only property or right subject to the lawsuit/dispute Enforcement Authority Only enforcement office Enforcement office or court registry Completion Time Pursuit/litigation is mandatory within 7 days Unless otherwise stated, the case continues until the end. 3. Conditions for Precautionary Seizure In order for the provisional lien request to be accepted, the conditions stipulated in the law must be met; These conditions differ depending on whether the receivable is due or not.
3.1. General Conditions for Overdue Receivables First of all, the requested receivable must be a money receivable or a receivable that can be expressed in money; Precautionary attachment cannot be requested for performance debts other than money, such as the delivery of movable or immovable property in its original form or the performance of a job, and in such requests, provisional injunction must be resorted to. Secondly, it is required that the receivable is not secured by a pledge; Since the pledge provides sufficient security, as a rule, for a pledged receivable, the pledge must first be converted into cash. However, if the pledge amount does not cover the entire debt, a provisional lien may be requested for the unmet portion. The third condition is that the receivable is due; As a rule, a provisional lien cannot be requested for a receivable that is not yet due. Finally, the creditor must prove the existence of his receivable to the extent of establishing an opinion in the court - approximately, not precisely - and show the guarantee determined by the court.
3.2. Exceptional Cases for Undue Receivables Article 257/2 of the EBL regulates the exceptional cases in which provisional attachment may be requested even in cases where the receivable is not yet due: the debtor does not have a fixed place of residence; The debtor prepares to hide or smuggle his/her assets in order to get rid of his debt, prepares to escape himself, or engages in fraudulent transactions that violate the rights of the creditor. In case of one of these situations, the court may decide to impose a provisional attachment even if the receivable is not yet due; In accordance with the express provision of the law, the lien placed in this way makes the debt due only for that debtor. In receivables based on bills of exchange (bills, drafts, checks), it is sufficient for the bill to be due; Additionally, withdrawal of protest is not required. Although an invoice alone is generally not considered sufficient, when supporting documents such as a delivery note, confirmation form or account reconciliation are added to the invoice, the Supreme Court has consistently accepted that these documents are sufficient for approximate proof.
4. How to Take a Precautionary Seizure Decision?
4.1. Competent and Competent Court The competent court is determined according to the nature of the dispute regarding the receivable; If the parties are merchants and the dispute is of a commercial nature, the commercial court of first instance has jurisdiction, otherwise the civil court of first instance has jurisdiction. If a lawsuit on the merits has already been filed, the request for provisional attachment is requested directly from the court hearing the case; The enforcement court does not have the authority to issue a provisional attachment decision. The competent court is the court of the debtor's place of residence if the lawsuit has not been filed yet, the court of the place of execution of the contract for debts arising from the contract, the court of the place where the act was committed for receivables arising from tort, and the court of the debtor's place of payment for receivables arising from a bill of exchange. If a lawsuit has been filed, the provisional lien request is requested from the court hearing the case.
4.2. Request Petition and Evidence The request for provisional lien is made with a written petition. The petition must clearly state the identity/title information of the creditor and the debtor, the amount and basis of the requested receivable, the date on which the receivable is due and its justification, explanations regarding the debtor's suspicion of smuggling goods (if any), the nature of the collateral that can be provided and the goods on which a lien is requested. Written contracts, invoices, promissory notes, bank records, judgments, enforcement proceedings, correspondence and, in exceptional cases, witness statements can be used as evidence. What is sought here is not definitive proof, but "approximate proof" that will form an opinion in the court; According to the established jurisprudence of the Supreme Court, the creditor is not required to prove the existence of the receivable completely and definitively in accordance with the rules of procedural law.
4.3. Guarantee In accordance with Article 259 of the EBL, it is mandatory to provide collateral in order to secure the damages that the debtor may suffer in case the creditor proves wrong. However, three different situations are evaluated separately: if the receivable is based on a court order, no guarantee is required; If it is based on a document in the nature of a judgment (notary deed, final administrative decision, etc.), it is at the discretion of the court whether or not a guarantee is required; If the receivable is based on an ordinary document, contract or invoice, collateral must be provided. In practice, courts generally set a guarantee between ten and fifteen percent of the receivable amount, and may increase this rate depending on the debtor's asset status and the nature of the case.
5. Implementation of the Precautionary Seizure Decision and Its Periods 5.1. 10-Day Enforcement Application Period According to Article 261 of the EBL, the creditor must request the execution of the decision from the enforcement office in the jurisdiction of the court that made the decision, within 10 days from the date of the provisional attachment decision. This period starts to run from the date of the decision without waiting for notification; If the application is not made in due time, the decision automatically becomes invalid and the creditor must apply to the court again.
5.2. Implementation of the Decision by the Enforcement Office The enforcement office preemptively seizes the debtor's movable and immovable properties, bank accounts and receivables from third parties in accordance with the general seizure procedure, limited to the amount specified in the court decision; Seizure annotation is recorded in the land registry for immovable properties and in the traffic registry for vehicles. A copy of the report is notified to the parties who were not present during the seizure within three days from the date of seizure. Unlike definitive lien, provisional lien does not give the creditor direct sales authority; Conversion of seized goods into cash is only possible after the provisional seizure turns into a definitive seizure.
5.3. Complementary Ceremony: 7-Day Pursuit or Litigation Obligation Since provisional attachment is only a temporary measure, the creditor must make this measure permanent, in accordance with Article 264 of the EBL. The creditor must either initiate enforcement proceedings or file the underlying receivables lawsuit within 7 days from the date of enforcement of the seizure (notification of the report if the seizure was made in absentia). This period is degrading; In case of evasion, the provisional lien automatically becomes void. If proceedings have been initiated and the debtor objects to the payment order, the creditor must request the removal of the objection from the enforcement court or the general court to cancel the objection within 7 days from the notification of this objection to him; Otherwise, the provisional lien remains invalid. If litigation has been initiated, the creditor must convert the provisional seizure into a definitive seizure by initiating enforcement proceedings with a writ within 1 month after the decision on the merits becomes final.
6. Objection to the Precautionary Seizure Decision The debtor and the third parties whose interests have been violated have the right to object to the provisional attachment decision before the court that made the decision. In accordance with Article 265 of the EBL, the objection period is 7 days and is of a detrimental nature. The beginning of the period varies depending on whether the debtor is present at the time of the seizure: if he is present, it starts from the date of the actual execution of the seizure, if not, it starts from the date of notification of the seizure report; For third parties, the date on which they learned about the seizure is taken as basis. The grounds for objection are listed in a limited manner in the law: the claim that the material conditions on which the provisional seizure is based do not exist (such as the receivable is not due, it is secured by a pledge), the court's lack of authority (only the debtor can claim it), and the insufficiency of the guarantee or the fact that it has not been provided at all. Claims that will be subject to a negative declaratory action, such as that the signature on the promissory note is forged, are not within the scope of the objection to the provisional seizure. Upon objection, the court conducts an investigation by calling the parties to a hearing; Even if the hearing is not attended, the court must make a decision based on the file. An appeal is open against the decision made upon objection, but the appeal does not stop the execution of the decision and the decision of the Regional Court of Justice is final. Instead of resorting to objection, the debtor may also request the removal of the provisional lien by presenting a guarantee (cash, bank letter of guarantee, real estate mortgage, etc.) sufficient to cover the receivable in accordance with Article 266 of the EBL. In this case, the lien on the goods is lifted, but the collateral shown continues to be the security of the creditor, replacing the lien until the debt is paid.
7. Liability for Compensation Arising from Unfair Seizure In accordance with Article 259 of the EBL, if the creditor requesting the provisional attachment proves to be wrong, he is responsible for all damages suffered by the debtor and the third party, if any, as a result. This responsibility is of the nature of strict liability; In order for compensation to be awarded, it is not necessary for the creditor to have acted at fault; only the determination that the seizure is unfair is sufficient. If the lawsuit filed by the creditor is rejected, if the creditor does not initiate proceedings or continue the lawsuit in due time, if a seizure decision is taken even though the receivable is not due, or if it is later understood that the collateral provided is insufficient, the provisional seizure is considered to be unfair. The debtor may request compensation for direct and indirect damages (such as loss of commercial reputation, termination of contract) in a separate lawsuit in accordance with general provisions; This compensation is primarily covered by the guarantee deposited by the creditor, and damages exceeding the guarantee can be pursued according to general provisions. The compensation lawsuit is subject to a short statute of limitations of two years, and this period starts to run from the date of removal or invalidation of the provisional lien.
Concrete Application Scenario CASE SUMMARY FORM A furniture manufacturer has discovered that it is owed 340,000 TL for the products it shipped to a wholesaler with whom it has a current account relationship for a long time, but that the wholesaler has recently delayed payments and started selling company vehicles below value. No enforcement proceedings have been initiated yet.
APPLICATION AND LEGAL PROCESS Küheylan Law Firm requested a provisional lien in the commercial court of first instance by presenting the existing invoices, delivery notes, account reconciliation correspondence between the parties and the payment notice sent to the wholesaler as evidence. The court concluded that the submitted documents met the requirement of approximate proof and decided to impose a provisional lien against a guarantee of twelve percent of the receivable. The decision was submitted to the enforcement office within 10 days and a seizure was placed on the debtor's bank accounts and a vehicle. Within 7 days from the implementation of the seizure, enforcement proceedings without a judgment were initiated on behalf of the creditor.
CONCLUSION The debtor did not object to the payment order in time and the proceedings became final; In this way, the provisional seizure automatically turned into a definitive seizure, and the creditor was able to proceed with the collection process on the seized goods without taking any additional action.
8. Frequently Asked Questions Is the other party (debtor) heard when making a provisional attachment decision? As a rule, no. The law provides that the court is free to hear either side or not; For this reason, provisional attachment decisions are often made on the file, without hearing the debtor. This is necessary to maintain the effectiveness of the measure; Otherwise, there is a risk that the debtor will learn about the decision and miss his goods.
I have taken a precautionary lien decision. Can I have the goods sold immediately? No. The provisional lien does not give the creditor direct sales authority; It only provides temporary security for goods. The sale of goods is possible only after the provisional seizure turns into a definitive seizure - through pursuit or lawsuit.
I'm confusing the 10-day and 7-day periods, what's the difference between them? The 10-day period is for the provisional attachment decision given by the court to be submitted to the enforcement office and executed (EBL article 261). The 7-day period is for the creditor to initiate enforcement proceedings or file a lawsuit in order to make this measure permanent, after the actual implementation of the seizure (EBL article 264). Both deadlines are restrictive and missing them will cause the provisional seizure to become invalid.
A provisional attachment decision has been made against me as a debtor, what can I do? He/she may appeal to the court that made the decision within 7 days from the implementation of the decision; You may rely on reasons such as the fact that the receivable is not due, that it is secured by a pledge, or that the collateral is insufficient. Alternatively, you can request the lien to be lifted by providing a guarantee to cover the receivable, without going through an objection.
Attention: Common Mistakes in the Process Missing the 10-day application period for enforcement: If an application is not made to the enforcement office within 10 days after the court decision is received, the provisional lien automatically becomes invalid and the process must be started from the beginning. Overlooking the 7-day supplementary pursuit/litigation period: If no pursuit is initiated or a lawsuit is not filed in time after the enforcement of the seizure, the measure taken will be abolished with all its consequences. Trying to provide approximate proof with insufficient evidence: An invoice alone is often not considered sufficient; It should be strengthened with supporting documents such as delivery note, memorandum of understanding or notice. Confusing provisional seizure with provisional injunction: In claims other than money receivables (such as return of goods, performance of a work), provisional injunction should be requested, not provisional seizure; Choosing the wrong institution will result in the request being rejected.
Conclusion Precautionary lien is a legal tool that is effective for creditors who want to secure the debtor's assets before the enforcement proceedings are finalized, but subject to strict time and form conditions. Submitting the request to the right court with sufficient evidence and an appropriate guarantee offer, as well as completely following the 10-day and 7-day forfeiture periods after the decision is taken, directly determines the success of the process. Küheylan Law Firm, with its knowledge of the current legislation and Supreme Court case law in the field of enforcement and bankruptcy law, offers comprehensive legal support to its clients, from the preparation of the provisional lien request to the execution of the decision and possible objection processes.
Hunting. Mert Deniz Küheylan Important Legal Notice: The legal explanations in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an enforcement law attorney from the beginning of the process. Küheylan Law Firm — © 2026 All Rights Reserved.
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