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Goods Rights And Receivables That Cannot Be Seized

Goods, Rights And Receivables That Cannot Be Seized

The goods, receivables and rights that cannot be attached are regulated in Article 70 of the Law No. 6183 on the Procedure for Collection of Public Receivables. According to this article

I. State properties and properties which are not permitted to be attached by special laws,

II. All kinds of goods necessary for the debtor, whose economic activity is based on physical labour rather than capital, to continue his profession,

III. Goods necessary for the debtor and the family members living under the same roof, except for valuable things such as money, negotiable instruments, gold, silver, precious stones, antiques or ornaments; if there is more than one of the goods used for the same purpose, one of them,

IV. If the debtor is a farmer, land, livestock, vehicles and other accessories and agricultural implements necessary for the livelihood of himself and his family,

V. If necessary for the management of the debtor and his family, one milking buffalo or cow or three goats or sheep of the debtor’s choice and their feed and bedding for three months,

VI. If the debtor is a vineyard, garden or fruit or vegetable grower, the vineyard, garden and the tools and equipment required for this art, which are essential for the livelihood of himself and his family,

VII. The amount necessary for the livelihood of the debtor, whose livelihood is exclusively dependent on raising animals, and the amount necessary for the livelihood of himself and his family, and the feed and bedding of these animals for three months,

VIII. Two months’ food and fuel for the debtor and his family and, if the debtor is a farmer, the seeds needed for the next crop,

IX. Pension pensions granted to persons disabled in the military and police services of the country and pensions granted to their families due to the performance of one of these services, and flight and diving compensation and bonuses granted to air and submarine members of the army,

X. Promotion increments granted to military invalids and orphans of martyrs, and the shares of the inhisar beyiye given in accordance with the provision of Law No. 1485,

XI. Salaries paid by a charity fund or society in cases of illness, hardship or death,

XII. Moneys given or required to be given to the injured person or his/her family as compensation for damages to the body or health,

XIII. The debtor’s home cannot be seized,

XIV. Student scholarships cannot be attached.

Goods that cannot be attached according to Special Laws;

I. Alimony receivable subject to execution cannot be attached,

II. The letter of guarantee cannot be attached,

III. The property of the BRSA cannot be seized,

IV. The property of the Social Security Institution cannot be seized,

V. According to Article 5 of the Animal Protection Law, pets cannot be seized,

VI. According to the Communications Act, the telephone number cannot be seized,

VII. According to the Social Security Institution Law, pensions cannot be attached.

Goods, Rights and Receivables that cannot be partially seized;

The amount of the debtor’s salary and wages necessary for the subsistence of the debtor and his family shall be left to the debtor, and the rest shall be seized. According to the article, what is meant by wages are salaries, allowances and all kinds of wages, usufruct rights and revenues, income allocated by insurances or pension funds that are not subject to a judgement.

The amount to be seized cannot be less than one quarter of these wages. If there is more than one lien, they are put in order. Unless the deduction of the lien in the front of the queue is finished, the deduction cannot be started for the next lien.

More than a quarter of the monthly wages of the workers cannot be garnished. In other words, at most one quarter of the workers’ wages can be garnished.

 

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