Provisional Attachment When Enforcing a Foreign Judgment in Türkiye: A Practical Guide for Foreign Creditors

 In Türkiye you can ask the court for a provisional attachment (freezing order) while your lawsuit to enforce a foreign judgment is pending. This protects assets from being moved or hidden, but there are procedural traps—especially around appeals and security deposits—that you should plan for in advance.

What is “tenfiz” and why seek an attachment?

A foreign court judgment is not directly enforceable in Türkiye. You must first obtain a Turkish enforcement (tenfiz) decision; only then can you use execution offices to collect. Because this process can take time, courts may grant a provisional attachment to restrain the debtor’s assets during the case so collection isn’t jeopardized.

Can you request attachment during a tenfiz case?

Yes—Turkish practice accepts requesting a provisional attachment during the enforcement lawsuit for a foreign judgment. The catch is which legal test applies. Under the Enforcement & Bankruptcy Law (EBL) Article 257, rules differ for due vs not-yet-due receivables, and Turkish law has no explicit rule telling courts how to classify a claim that stems from a foreign judgment not yet enforced in Türkiye. Courts and scholars debate whether to treat it as due or not-due.

Why this matters: if the court views it as not-yet-due, the creditor must also show the debtor’s bad faith (e.g., risk of asset dissipation) to get the order.

The appeal trap: why some attachments can’t be executed

Under the Private International Law Code (PIL) Article 57/2, appealing the tenfiz decision suspends its execution. If execution is suspended, you cannot start enforcement within one month based on that decision—yet completing certain “complementary steps” within tight deadlines is normally required to keep an attachment alive. This interaction is the core reason some attachments issued during tenfiz end up non-executable.

Takeaway: Plan for appeal-related delays. Structure your strategy so the attachment remains effective through appeal—or be ready to renew/adjust measures.

How much security must you deposit?

Two different provisions may require security (bond):

1. PIL Article 48 – foreigners may have to deposit security to file the enforcement lawsuit;

2. EBL Article 259 – a separate security for the attachment itself to cover potential debtor damages.

Although both protect the debtor, they cover different risks, and judges may still ask for a second bond for the attachment. The amount is set at the judge’s discretion.

Practical checklist for creditors

• File early, document risk: Show asset-dissipation risk (transfers, overseas movements, etc.) to satisfy the stricter standard if the claim is treated as not-yet-due.

• Budget for security: Expect a bond for the lawsuit and possibly a separate bond for the attachment.

• Anticipate appeals: Appeals suspend execution of the tenfiz decision; coordinate timing so the attachment doesn’t lapse while you’re unable to start enforcement.

• Choose the right forum & evidence standard: Courts apply provisional-measure standards (credible prima facie proof). Bring certified translations of the judgment and proof of debt.

How Tenha Law Firm helps

We map the fastest path to collection, combining tenfiz, provisional measures, and enforcement strategy that survives appeal timelines. We also manage security bonds and coordinate asset-tracing to keep pressure on the debtor throughout the case.