Waking up in the morning to find a block (e-attachment) on the bank account where your salary is deposited, or receiving a letter at your workplace stating that a portion of your salary has been garnished, is undoubtedly an extremely worrying situation. The first questions that come to mind in this moment of shock are: “Is this legal?”, “Can they seize all of my money?”, and most importantly, “How can I fix this situation?”
First of all, you should know that this process is not an arbitrary application and is strictly regulated by law. As a debtor, you have rights, and there are also legal avenues you can pursue to lift this block and garnishment. In this article, we will detail the legality of the salary and bank account garnishment process and the steps you need to take to have it lifted.
When is the Foreclosure Process Legal?
For a bank account or salary to be garnished, there must be an enforcement proceeding initiated and finalized against you. The process generally works as follows:
- Initiation of Enforcement Proceedings: The creditor applies to the enforcement office, either through their lawyer or personally, to collect their debt.
- Service of Payment Order: The enforcement office sends you a payment order, informing you of your debt and your legal rights.
- Objection Period: After this payment order reaches you, you generally have 7 days to object to the debt or signature.
- Finalization of Proceedings: If you do not object within this 7-day legal period, the enforcement proceedings become final, and the creditor gains the right to initiate garnishment procedures to collect the debt.
Therefore, a block placed on your bank account or salary without a finalized enforcement proceeding against you is not legal.
Salary Garnishment: How Much of My Salary Can Be Garnished?
One of the most critical issues is how much of a salary can be garnished. The Enforcement and Bankruptcy Law (İİK) sets a clear rule protecting the debtor in this regard.
Rule: A maximum of 1/4 (25%) of the net salary received by the employee can be garnished. This rate also applies to bonuses, premiums, and other additional payments. Your employer is obliged to deduct one-fourth of your salary each month, upon receipt of a letter from the enforcement office, and send it to the enforcement file.
- If There Are Multiple Garnishments: If there are multiple garnishments on your salary, they are placed in order. Deductions for one debt begin after the previous one is completely settled. More than one 1/4 deduction cannot be made from your salary simultaneously.
- Alimony Debt Exception: The only significant exception to this rule is alimony debts. For alimony debts decreed by the court, the 1/4 rule does not apply; the judge may decide on a higher rate of deduction for the collection of the debt.
Bank Account Block: Can All the Money in My Account Be Seized?
The 1/4 rule for salary garnishment does not always apply to money in a bank account. Here, the nature of the account is important.
If the blocked account is a demand deposit account different from the account where your salary is deposited, the enforcement office can place a block on the entire amount in this account, up to the debt amount.
However, if the blocked account is solely an account where your salary is deposited, the situation changes. The money in the account is legally considered “salary,” and therefore only 1/4 of it can be garnished. If the bank, at the request of the enforcement office, blocked the entire amount in the account, this action is unlawful. In this case, you should immediately apply to the enforcement office and, if necessary, to the Enforcement Court, to request the lifting of the block on the portion exceeding 1/4 of the money.
How to Lift Salary and Account Block? Solutions
There are multiple ways you can pursue to lift the garnishment and block:
- Paying the Entire Debt: This is the most definite and fastest way. When you go to the enforcement file and pay the entire debt (including interest and expenses), the garnishments are immediately lifted.
- Agreeing with the Creditor: You can contact the creditor or their lawyer to agree on paying the debt at a reduced amount or in installments. Once an agreement is reached, the creditor informs the enforcement office of their request, and the garnishment is lifted.
- Objecting to Unlawful Garnishment (Complaint): If you believe that more than 1/4 of your salary has been garnished, or that an unseizable income such as your retirement pension has been blocked, you can file a “complaint of unseizability” with the Enforcement Court within 7 days from the date you learned of this situation, and have the garnishment canceled.
- Filing a Negative Declaratory Action: If you believe that the debt does not belong to you or that you have already paid it, you can file a negative declaratory action in court for “determination that you are not the debtor.”
- Pledging to Pay in Installments: You can go to the enforcement office and sign a commitment to pay the debt in regular installments. This situation, with the creditor’s approval, can lead to the lifting of existing garnishments. However, remember that violating this commitment can have serious consequences such as “coercive imprisonment.”
Garnishment processes are technical and complex matters where legal deadlines are very important. It is critically important to seek professional legal assistance from a lawyer to avoid losing rights, becoming a victim of an unlawful action, and determining the most appropriate solution for your situation.