HOW TO FREEZE A DEBTOR’S ASSETS IN TURKEY BEFORE IT IS TOO LATE (PRECAUTIONARY ATTACHMENT – İHTİYATİ HACİZ)

When doing business in Turkey, one of the biggest risks for foreign companies is simple:

You deliver, but you don’t get paid.

By the time you start legal action, the debtor may have already:

• Transferred assets

• Emptied bank accounts

• Disappeared from the scene

This is exactly where precautionary attachment (ihtiyati haciz) becomes a critical legal tool.

WHAT IS PRECAUTIONARY ATTACHMENT?

Precautionary attachment allows you to freeze the debtor’s assets before a final court judgment.

It is a powerful measure designed to:

• Secure your claim

• Block asset transfers

• Put immediate pressure on the debtor

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WHEN CAN YOU APPLY?

You can request it if:

• Your claim is for a monetary debt

• The debt is due (or at serious risk)

• There is a reasonable risk of non-payment

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WHY FOREIGN CREDITORS SHOULD ACT FAST

Foreign companies often lose time — and in Turkey, time equals risk.

Debtors who act in bad faith may:

• Transfer assets to third parties

• Hide company resources

• Delay proceedings intentionally

With precautionary attachment, you move before the damage is done.

A CRITICAL BUT OFTEN IGNORED FACTOR

The success of a precautionary attachment application does not depend only on urgency — it depends heavily on documentation.

In practice:

• A well-drafted contract

• A properly issued promissory note (bill of exchange)

can significantly strengthen your position.

On the other hand, a small technical mistake in these documents may:

• Lead to rejection of your request

• Delay the process

• Cause serious financial loss

This is why working with a qualified legal expert from the beginning is not optional — it is essential.

KEY PRACTICAL POINTS

• Courts may require a security deposit

• Decisions can be obtained within days

• You must follow up with enforcement proceedings on time.

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FINAL NOTE

In cross-border business, waiting is the biggest mistake.

Precautionary attachment can be the difference between:

• Getting paid

• Or chasing an empty company

If you suspect risk, early and professionally guided legal action is essential.

Lawyer & Advisor

İlhan SUBAŞI