How Is an Attachment Lifted in Enforcement Proceedings?

This article is an English translation of the Turkish original published by the office.

Enforcement proceedings started by a creditor become final after passing through several stages, and the creditor then seeks to collect the debt by attaching the debtor’s assets. In some situations, however, an attachment that has been placed may be lifted. In this article we discuss how attachments come to an end in enforcement proceedings.

When is an attachment lifted?

An attachment placed on the debtor’s assets may be lifted in the following situations:

1. Payment of the debt

When the debtor pays the whole debt, or the part agreed with the creditor, the creditor applies to the enforcement office to have the attachment lifted. With payment, the attachment ends.

2. Winning a negative declaratory action

If the debtor files a negative declaratory action to establish that the debt does not exist and the action is accepted, the proceedings stop immediately and are cancelled once the judgment becomes final. If the debtor’s assets were attached before the case ended, the attachment is lifted; if they were sold, the sale price is paid to the debtor. The judgment establishes with final effect that the debtor owes nothing.

3. Acceptance of a third-party ownership claim

Assets belonging to third parties are sometimes attached on the assumption that they belong to the debtor. In that case the third party may claim that the assets are theirs, not the debtor’s. If this claim is accepted at the end of the procedure, the attachment on that asset is lifted.

4. Failure to request a sale in time

According to the original article, the period to request the sale of attached movables and receivables is six months from the final attachment, and one year for immovables (Enforcement and Bankruptcy Law, Art. 106). (Article 106 was amended in 2021; the period currently in force should be checked for each file.) If no sale is requested within the period, or a request is withdrawn and not renewed within the remaining time, the attachment on the assets lapses (Art. 110). Likewise, if the costs ordered by the enforcement officer are not deposited within fifteen days, the attachment lapses.

Enforcement procedures involve many technical details and require care; advice from an experienced lawyer helps avoid any loss of rights.

Türker Law Office provides legal representation and advice on lifting attachments placed on the debtor’s movables, immovables, rights and receivables, on payment, negative declaratory actions, third-party ownership claims, sale requests and the lapse of attachments, and on other enforcement disputes.