The seizure of household goods is limited by Article 82/3 of our Enforcement and Bankruptcy Law. According to this provision, “necessary items for the debtor and family members living under the same roof cannot be seized, except for valuable items such as money, securities, gold, silver, precious stones, antiques, or ornaments; if there is more than one item used for the same purpose, only one of them can be seized.”
According to the law, it is possible to seize money, securities (shares, bonds, checks, etc.), gold, silver, precious stones, antiques, or ornaments from the debtor’s home. There are no limitations on the amount that can be seized, except for the amount sufficient to cover the debt.
Necessary items are defined in Supreme Court rulings as any item necessary for the debtor to maintain a modest standard of living and the minimum conditions of their social status, and to sustain their life. According to the Supreme Court, household items such as refrigerators, washing machines, televisions, sofa sets, irons, ovens, carpets, and dishwashers—which are essential for maintaining a dignified life for the debtor and family members living under the same roof—cannot be seized. (Supreme Court 12th Civil Chamber, Case No. 2012/27279 E. 2013/11536, March 26, 2013)
The household items must be necessary for both the debtor and the family members living under the same roof. The concept of family members living under the same roof includes the debtor’s spouse, children, adopted children, and relatives of the debtor or their spouse living with the debtor.
If there is more than one essential household item, one of them should be left to the debtor and not seized. The other household items may be seized. The Supreme Court of Appeals rules that in determining which household items can be seized and which cannot, those items that are easy to preserve, sell, and have a large number of potential buyers should be seized. (Supreme Court of Appeals, 12th Civil Chamber, 2013/34641 2014/889, 16.01.2014)
The value of essential household items will not constitute an obstacle to filing a claim of non-seizability. However, the Supreme Court rules that if the value of essential household goods is excessively high, the complaint of non-seizability will not be heard. (However, as long as the value of essential goods is not excessively high, this will not prevent the complaint of non-seizability from being heard. Supreme Court 12th Civil Chamber, 2013/32782 2013/39098 09.12.2013)
In the event of the seizure of the essential household goods mentioned above, an appeal can be filed with the enforcement court in the location of the enforcement office that imposed the seizure. The appeal period is 7 days from the date the action in question (the seizure of essential household goods) is learned. If the enforcement court finds the appeal justified, it will lift the seizure on the seized goods, and the goods will be returned to the debtor.
The above explanation concerns the non-seizability of goods necessary for the debtor and those living under the same roof. There are other items that are prohibited from being seized. Those wishing to obtain detailed information regarding complaints of non-seizability are advised to consult a lawyer.