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How to Lift a Salary and Bank Account Attachment (Garnishment)? Legal Limits Under Enforcement and Bankruptcy Law Articles 83 and 89, Methods of Lifting E-Attachment. This guide has been updated as of 2026, based on the Enforcement and Bankruptcy Law No. 2004.
Summary: A maximum of one-fourth of an employee's salary can be attached; this limit does not apply to alimony debts, and current month's alimony is deducted entirely from the salary. SGK retirement pensions cannot be attached without the debtor's consent; a block placed on these accounts is unlawful and can be lifted by objecting to the enforcement office. An attachment placed on a bank account automatically falls (lapses) if the debt is paid, an installment commitment is made under Article 111 of the EBL, or if the money is not requested to be transferred to the file within 1 year from the date of the attachment.
Can a Block Be Placed on a Retirement Pension? Often No. Many individuals facing enforcement proceedings believe that an e-attachment (e-haciz) placed on their account is a final and unchallengeable action. However, the law has imposed strict limits on salaries and certain types of accounts to protect the debtor's minimum living conditions. Especially a block placed on retirement pension accounts is often directly unlawful and can be lifted with a quick objection.
This guide addresses the legal limits of salary attachment, methods of lifting bank account attachment (e-attachment), and commonly encountered irregularities.
Legal Limits of Salary Attachment: Pursuant to Article 83 of the Enforcement and Bankruptcy Law No. 2004, a debtor's salary or wage cannot be entirely attached. A maximum of one-fourth of the salary or wage received by the debtor can be attached; commitments made before the enforcement proceeding becomes final, aiming to attach the entire salary, are legally invalid.
The most critical exception to this rule is alimony debts: current month's alimony ordered by the court is deducted entirely from the salary, regardless of the one-fourth limit. For other debts, only one-fourth of the remaining salary can be deducted.
If more than one salary attachment writ is received for the debtor, they are placed in order. The deduction by a subsequent enforcement office cannot begin before the previous attachment is completed; attachments cannot be combined to deduct more than one-fourth from the salary.
How to Lift a Bank Account Attachment (E-Attachment)? The creditor can send an attachment notice to the debtor's bank accounts under Article 89 of the Enforcement and Bankruptcy Law or directly apply e-attachment electronically. There are several legal ways to lift this attachment.
The most definitive way is to fully pay the file debt into the enforcement office's account. If the debtor cannot pay the entire debt at once, they can make a formal installment commitment to the enforcement office under Article 111 of the Enforcement and Bankruptcy Law; provided that the first installment is paid upfront and the remaining debt is paid in a maximum of 3 months in 4 equal installments, this commitment ensures the suspension of the attachment regardless of the creditor's consent.
Pursuant to Article 93 of Law No. 5510, SGK retirement pensions, disability pensions, and unemployment benefits cannot be attached without the debtor's consent (except for alimony and SGK premium debts). If a bank has placed a block on an account where a retirement pension is deposited, based on an e-attachment decision from an enforcement office, this action is clearly unlawful. The debtor should apply to the relevant enforcement office with a statement proving the account is a retirement pension account and request the block be lifted; if the request is denied, a complaint lawsuit must be filed with the Enforcement Court within 7 days.
After an enforcement office places an attachment on a bank account, the creditor must request the transfer of this money to the enforcement file within legal periods. If the transfer of money in a movable bank account to the enforcement file is not requested within 1 year from the date of attachment, the attachment on the account legally falls (lapses), and the debtor can request the enforcement office to lift the attachment due to this expiration of time.
Attachment Type | Basis | Upper Limit | Lifting Method Salary Attachment | EBL Art. 83 | Max. 1/4 of net salary | EBL Art. 111 commitment or full payment of debt SGK Retirement Pension Account | Law No. 5510 Art. 93 | Cannot be attached (without consent, 0%) | Complaint of unattachability to enforcement office Ordinary Bank Account | EBL Art. 89 | Entire balance (up to debt amount) | Payment of debt, negative declaratory action, or lapse after 1 year Due to Alimony Debt | Turkish Civil Code / EBL (no limit) | Entire current month's alimony | Payment of alimony or reduction lawsuit
Case Summary: Retired teacher Mr. Hasan faced enforcement proceedings initiated by a bank due to a past commercial guarantee. The enforcement office applied e-attachment to Mr. Hasan's account at a state bank, and the account was blocked. However, this account is exclusively where Mr. Hasan's SGK retirement pension is deposited.
Mr. Hasan, unable to withdraw money from his account, applied to the enforcement office with his pension statement from the bank and objected to the attachment under Article 93 of Law No. 5510, claiming unattachability.
Legal Ruling: The enforcement officer immediately lifted the e-attachment block placed on the account, and Mr. Hasan continued to receive his full pension.
Employer Responsibility: Employers are obliged to respond to salary attachment writs sent by the enforcement office within 7 days. If the enforcement office is not notified within the legal period that the employee is not receiving a salary, has left work, or has another enforcement office's attachment in queue on their salary, the employer may be held personally liable for the debt, and the debt may be collected from the company. Therefore, coordinated work between the accounting and legal departments of companies is important.
Can deductions be made from my salary from two enforcement files simultaneously? No, multiple attachments are placed in order, and the total deduction cannot exceed one-fourth of the salary. If a person working for a logistics company has one-fourth deducted for two separate files simultaneously, a total of half, this is irregular; the return of the excessively deducted amounts can be requested based on the attachment order rule.
If I commit to paying my debt in installments, will the attachment be lifted immediately? A commitment made under Article 111 of the EBL, provided that the first installment is paid upfront and the remaining debt is paid in a maximum of 3 months in 4 equal installments, ensures the suspension of the attachment without requiring the creditor's separate consent.
Failure to notify of unattachable account: Failure to immediately object when a retirement pension account is blocked leads to unnecessary distress for months.
Failure to follow up on time expiration: If the creditor does not request the transfer of money to the file within 1 year from the date of attachment for accounts, and this period's expiration is not noticed, it cannot be claimed that the attachment automatically falls (lapses).
Employer's failure to fulfill notification obligation: Missing the 7-day response period can lead to the employer being held personally liable for the debt.
Conclusion: Salary and bank account attachments are severe sanctions that directly affect the daily functioning of individuals and businesses. A timely objection against unlawfully placed blocks, irregularities in salary deductions, or e-attachments that have expired but not been lifted prevents the escalation of grievances.
Important Legal Disclaimer: The legal explanations and case study contained in this guide have been prepared by Küheylan Law Firm for general informational purposes only and do not constitute legal advice. Since the specific circumstances of each case may alter the outcome, it is advisable to seek support from a lawyer experienced in enforcement and bankruptcy law from the initial stages of the process. © 2026 Küheylan Law Firm. All Rights Reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Kat:5 Daire:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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