A garnishment notice (haciz ihbarnamesi) is the notification sent so that the debtor’s receivables or assets held by third parties may be seized under article 89 of the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu, İİK). If the third party on whom the notice is served does not give a correct answer within seven days, the debt may be deemed to be owed by that third party. In this article we examine what the 89/1, 89/2 and 89/3 notices mean and which steps the third party should take. Banks, employers, tenants and other persons who owe money to the debtor may all find themselves on the receiving end of this process.
- If no objection is raised to the 89/1 notice within 7 days of its service, significant legal consequences follow (İİK m. 89).
- The 89/2 notice informs a third party who has not objected in time and in due form that the debt is deemed to be owed by that third party.
- A third party receiving the 89/3 notice becomes liable to pay the amount stated in the notice unless a negative declaratory action (menfi tespit davası) is brought within 15 days.
- The third party’s objection may be made to the enforcement office (icra dairesi) in writing or orally; an oral objection must be recorded in the minutes.
- Failing to answer the notice on time and correctly may render the third party directly liable for payment.
What Is a Garnishment Notice?
A garnishment notice is the official notification that the enforcement office sends to a third party in order to seize a receivable or asset of the debtor that is not in the debtor’s own hands but is held by that third party. The examples most frequently encountered are the debtor’s bank account, the salary due from the debtor’s employer, or a sum the debtor is to collect from someone who owes money. This mechanism is an important tool of enforcement law, enabling the creditor to reach assets that are not directly in the debtor’s possession.
The 89/1 Notice: The First Notification
The 89/1 notice is the first notification sent to the third party on the allegation that the third party holds a receivable or an asset belonging to the debtor. If the third party considers that it owes nothing, that the asset is not in its possession, or that the debt was paid before the notice was served, it must inform the enforcement office of this in writing or orally within seven days of service.
What Happens If No Answer Is Given in Time?
If the third party raises no objection within seven days, it faces the risk of being deemed to have accepted the debt or the asset stated in the notice. For that reason, correctly establishing the date on which the 89/1 notice was served and not missing the deadline are of great importance.
| Notice | Time limit | Consequence |
|---|---|---|
| 89/1 | 7 days | Risk of being deemed to owe the amount if no objection is raised |
| 89/2 | 7 days | If no objection is raised, the debt becomes final as owed by the third party |
| 89/3 | 15 days | If no negative declaratory action is brought, an obligation to pay arises |
The 89/2 Notice: The Second Stage
The 89/2 notice is sent to a third party who has not answered the 89/1 notice in time or in due form. By this notice the third party is informed that the debt is deemed to be owed by it, and is reminded that it may object within seven days of service on the grounds listed in İİK m. 89/II.
How Is an Objection to the 89/2 Notice Made?
The objection is again made to the enforcement office by written petition or oral declaration. At this stage, supporting the objection with concrete evidence strengthens the third party’s position in any proceedings that may later be brought.
Is Having Objected to the 89/1 Notice Sufficient Against the 89/2 Notice?
No. If the objection made at the 89/1 stage is not regarded by the enforcement office as sufficient or as made in due form, the 89/2 notice may still be sent. The third party must not confine itself to referring to its earlier objection, but must also respond separately and within the time limit to the 89/2 notice. Current case law on the subject may be reached through the decision search system of the Yargıtay (the Court of Cassation).
Timeline of the Process Between 89/1 and 89/2
The following example is entirely illustrative. A third party on whom the 89/1 notice is served on 1 November 2026 must notify its objection to the enforcement office by 8 November 2026 at the latest. If that period is missed, the enforcement office may issue the 89/2 notice; once the 89/2 notice has been served, a fresh seven-day period for objection begins. If no objection is raised within either period, the 89/3 notice is sent and the fifteen-day period for bringing a negative declaratory action starts to run.
How Long Can the Whole Process Take?
Although the total duration of the process from 89/1 through to 89/3 varies according to the service periods at each stage, where the third party fails to respond in time at every stage the payment obligation stage may be reached within a few months. For that reason, taking the right step at the very beginning of the process, that is at the 89/1 stage, reduces the risk and the cost at the later stages.
The 89/3 Notice and the Negative Declaratory Action
The 89/3 notice is the final-stage notification informing the third party that it must pay the amount stated in the notice. A third party receiving this notice becomes liable to pay the amount written in the notice unless it brings a negative declaratory action within fifteen days of service.
The Practical Importance of Observing the Time Limit
The fifteen-day period for bringing the action runs in calendar days, including weekends and public holidays; for that reason, calculating the last day of the period correctly is critical if the statement of claim is to reach the court in time.
Why Is the Negative Declaratory Action Important?
The negative declaratory action is the only lawful route by which the third party can prove before a court that it is not a debtor. Since the period is a preclusive one (hak düşürücü süre), it is critical that a person on whom the 89/3 notice has been served does not miss these fifteen days. Every day that passes without the action being brought increases the risk that this right will be lost irreversibly.
You may use our statute of limitations (zamanaşımı) and filing deadline calculator to check your own calculations.
Garnishment Notice Strategy from the Creditor’s Perspective
In identifying the debtor’s receivables held by third parties, the creditor may turn to banks, employers, tenants or other parties with whom the debtor has a contractual relationship. Identifying the correct third party is decisive if the attachment process is to produce an effective result; a notice sent to the wrong third party, or to one that owes nothing, causes a loss of time.
Practical Suggestions for the Third Party
The first thing a third party receiving a notice should do is to establish clearly the date of service and which stage the notice belongs to (89/1, 89/2 or 89/3). It should then examine whether the debt or the asset actually exists and, if so, the relevant payment or return records.
How Is a Garnishment Notice Applied to Joint Accounts?
Where a garnishment notice is sent in respect of a joint bank account that the debtor holds together with another person, the bank is generally obliged to report the portion of the account accepted as belonging to the debtor. The other holder of the joint account must submit to the enforcement office, within the time limit, the necessary objection and evidence so that the share belonging to that holder is not seized.
Particular Considerations for Banks and Employers
Banks and employers are frequently the recipients of garnishment notices in the capacity of third parties. Within the internal processes of these institutions, forwarding notices quickly to the relevant unit and keeping track of the time limits reduces the risk of liability arising from delay.
The Route to Follow If the Third Party’s Objection Is Rejected
The enforcement office may find the third party’s objection unfounded and continue with the proceedings. In that case the dispute is finally resolved before a court, through an action brought by the creditor against the third party. In that action the third party must prove by evidence that it owes nothing or that the asset is not in its possession.
Gathering Evidence During the Proceedings
Documents that will strengthen the third party’s position in the action to be brought include account statements, contracts, payment slips and correspondence. Assembling these documents as soon as the notice is served ensures that both the objection to be made to the enforcement office and, if necessary, the action to be brought rest on a sound footing. Those who wish to make use of current guidance when preparing a petition of objection may consult the resources of the Türkiye Barolar Birliği (the Union of Turkish Bar Associations).
Consequences of an Objection Made in Bad Faith
A finding that the third party objected by making a declaration contrary to the truth may produce adverse consequences in the action to be brought, and may also give rise to liability for the costs of the proceedings and for damages. For that reason it is important that the objection rest on the true state of affairs.
Internal Procedure for Garnishment Notices Sent to Companies
Where a company receives a garnishment notice in the capacity of a third party, having determined in advance which unit within the company (accounting, legal, human resources) the notice will be directed to is important if the seven-day period is not to be missed. Tracking incoming official correspondence through a central registration system prevents such time limits from being overlooked.
Identifying the Correct Recipient Within a Group of Companies
Where the debtor forms part of a group company structure, correctly identifying which company holds the receivable is important. Sending the notice to the wrong group company may lead that company to object within the time limit on the ground that it is not in fact a debtor, and may require the creditor to identify the correct recipient afresh. This may prolong the process unnecessarily and give rise to additional costs.
The Difference Between a Garnishment Notice and Ordinary Attachment
Ordinary attachment (adi haciz) is applied directly to an asset or receivable in the debtor’s own hands, whereas a garnishment notice comes into play where the debtor’s asset or receivable is in the hands of, or owed by, a third party. This distinction is the basic point determining which party must act, within what period and in what manner.
A Frequently Encountered Example: Attachment of Rent
The following example is entirely fictitious and illustrative. The rental income a debtor derives from an immovable let to a tenant may be seized by a garnishment notice sent to the tenant. The tenant then becomes obliged to pay the rent into the account notified by the enforcement office; a tenant who, despite that notification, continues to pay the rent to the debtor may have to pay the same amount to the enforcement office as well.
Points to Watch in the Service of a Garnishment Notice
Whether service has been effected in due form directly affects when the periods begin to run. If the third party considers that service was made not on it but, for example, at a wrong address, it must state that point separately in its objection as well; an allegation of defective service is examined separately by the enforcement office or the court.
The Effect of Electronic Service
Under the electronic service system, which is becoming widespread for institutional recipients, a garnishment notice may also be sent by way of e-Tebligat (electronic service). In that case the date of service is accepted as the fifth day after the message reaches the electronic address, and the seven-day period starts to run from that date.
How Much Does a Negative Declaratory Action Cost?
In a negative declaratory action, as of 2026 the proportional court fee (nispi harç) is applied at a rate of 68.31 per thousand (approximately 6.83%); one quarter of that amount is paid in advance when the action is brought, and the remainder is collected once the judgment becomes final. The third party should decide whether to bring an action by assessing together the amount in the 89/3 notice and the likely cost of the fee. Current changes to the fee tariffs are published in the Resmî Gazete (the Official Gazette). If the receivable is based on a dishonoured cheque, you may look at our article on complaints concerning dishonoured cheques for the procedure applied, and at our related article for proceedings specific to negotiable instruments.
Step by Step: How to Answer an 89/1 Notice
- Establish the date of service: Confirm the date on which the notice was served physically or by way of e-Tebligat.
- Investigate whether the debt or the asset exists: Examine accounting records, bank account statements or the relevant contracts to establish whether the debt actually exists.
- Prepare your answer: If you owe nothing, or the asset is not in your possession, set this out in writing together with your reasons.
- Notify the enforcement office within the time limit: Deliver the answer to the relevant enforcement office by written petition or oral declaration within seven days of service.
- Keep the record: Retain the delivery receipt or the registration number showing that the answer reached the enforcement office.
How Does the Process Proceed Once a Negative Declaratory Action Is Brought?
Where the third party brings a negative declaratory action within the time limit, payment of the amount in the notice may as a rule be held in abeyance until the action is concluded; this, however, depends on the interim measure decision the court gives and on the specific circumstances of the file. If the action ends with the third party proving that it is not a debtor, the obligation to pay falls away; otherwise the amount in the notice is collected.
Garnishment Notices Sent to Insurance Companies
Where there is an insurance policy drawn up in the debtor’s favour, a garnishment notice may be sent to the insurance company in respect of the compensation receivable arising from the policy. If the compensation has not yet become final, or if the conditions for payment under the terms of the policy have not arisen, the insurance company must notify the enforcement office of this within the time limit. For the route to follow where the insurance company refuses to pay the compensation, you may review our separate article.
Is a Garnishment Notice Sent for Rights Over an Immovable?
If the debtor has a receivable or a right over an immovable (for example a right arising from a promise-to-sell agreement, satış vaadi sözleşmesi), that right too may be seized by way of a garnishment notice. However, the attachment of an immovable registered in the land registry is carried out not by the garnishment notice procedure but by an attachment writ (haciz müzekkeresi) addressed directly to the Land Registry Directorate (Tapu Müdürlüğü); these two procedures must not be confused with one another. For the types of action to follow in disputes concerning the land registry record, you may review our article on the action for annulment of title deed and registration.
Partial Declarations by the Third Party
The third party may accept the debt for part of the amount in the notice and object in respect of the remainder. In such partial declarations, stating the accepted and the disputed amounts separately and clearly in the petition prevents uncertainties that may arise later.
What Will the Other Side Do?
In a dispute it is not enough to know only that you are in the right; the other side also has a defence strategy of its own, and being prepared for that strategy in advance largely determines how the process will unfold. The defences below are typical objections frequently encountered in files of this kind; which of them will arise in your own file depends on the documents you hold and on the course of events.
The third party holds no debt or asset belonging to the debtor.
The third party notifies the enforcement office in writing, by means of an account statement, a current account record or a contract, that there is no relationship of debt or of property. Making that notification within the time limit and in clear terms reduces the risk at the later stages.
The objection to the 89/1 notice was not made in time, so the debt is deemed accepted.
The creditor shows the date of service from the enforcement file. The third party, for its part, may prove that service was defective or that the objection was in fact delivered within the time limit. The date of delivery of the service envelope and the person who received it are decisive at this point.
No negative declaratory action was brought, so the amount has become final.
Taking the date of service of the 89/3 notice as the basis, it is examined whether the fifteen-day period has expired; an action brought within the time limit stays the proceedings as regards that item. Paying the fees and expenses in full when the action is filed must also be taken into account as a procedural requirement.
The debt has already been paid.
Payment is proved by a bank slip, a receipt or a release (ibraname); it must be clearly stated which debt, covered by which notice, the payment relates to. Where partial payment has been made, the assessment is carried out over the remaining amount.
Which of these defences will come to the fore varies according to the specific circumstances of the file, the documents you hold and the order in which events occurred. In some files the other side concentrates on a single defence, while in others several objections are seen to be raised together. For that reason, gathering in advance the evidence that will neutralise a possible defence, before the action or the enforcement stage is reached, directly affects the course of the process. To assess in advance which defence your file may meet, you may get in touch.
Frequently Asked Questions
What happens if I do not answer the garnishment notice at all?
Not answering the 89/1 notice does not directly create a debt, but it leads to the 89/2 notice being sent; if the 89/2 notice is also left unanswered, the risk of an obligation to pay arises with the 89/3 notice.
What should I do once the 89/3 notice has been served?
A negative declaratory action must be brought within fifteen days; otherwise an obligation to pay the amount in the notice arises.
Can the objection be made orally?
Yes, the objection may also be notified orally to the enforcement office; the enforcement director (icra müdürü) must, however, record that declaration in the minutes.
What should a bank do if it receives a garnishment notice concerning a customer’s account?
The bank must check whether there is in fact a balance in the account and give correct information to the enforcement office within the time limit; otherwise it may face the risk of the amount being collected from it.
What happens if an objection to a garnishment notice is rejected?
If the objection is not accepted by the enforcement office, the dispute is resolved before a court by way of an action to be brought; at that stage it is important that the file be supported by concrete evidence.
How much is the fee for a negative declaratory action?
In 2026 the proportional fee rate is 68.31 per thousand; one quarter of that amount is paid in advance when the action is brought, and the remainder is collected once the judgment becomes final.
Is a garnishment notice also sent for the attachment of an immovable?
No; the attachment of an immovable registered in the land registry is effected by an attachment writ addressed directly to the Land Registry Directorate; the garnishment notice is used for receivables and assets held by a third party.
How Is the File Closed at the End of the Process?
If the third party pays the amount in the notice, or succeeds in the negative declaratory action, the enforcement office closes the relevant file in that respect and sends the third party a letter notifying it of the position. Keeping that letter is important as a means of proof against any claim that may arise in future in relation to the same receivable.
Conclusion
The garnishment notice process involves short and strict time limits for third parties; answering in time and correctly at every stage from 89/1 through to 89/3 is the only way to avoid an unnecessary obligation to pay. Your particular situation needs to be assessed on the basis of your own file.
For the general course of enforcement proceedings (icra takibi) you may review our guide to the time limit for objecting to enforcement proceedings, and for the limits on the attachment of salary our article on salary attachment. For information about our work in enforcement and bankruptcy law, you may visit our Enforcement and Bankruptcy Law page.
Table of Time Limits
| Period | How long | Starting point |
|---|---|---|
| Objection to the 89/1 notice | 7 days | From service of the 89/1 notice |
| Negative declaratory action against the 89/3 notice | 15 days | From service of the 89/3 notice |
Sources
- Mevzuat Bilgi Sistemi (the Legislation Information System, mevzuat.gov.tr)
- Yargıtay Decision Search System
- Türkiye Barolar Birliği (the Union of Turkish Bar Associations)
- Resmî Gazete (the Official Gazette, resmigazete.gov.tr)
Related Articles
- Complaints for Dishonoured Cheques: Time Limits, Judicial Fine and the Payment Route
- The Difference Between Proceedings Specific to Negotiable Instruments and Proceedings Without Judgment
- If the Insurance Company Refuses Payment: Arbitration or Court?
- Action for Annulment of Title Deed and Registration: Collusion by the Deceased and Limitation
- How the Factoring Right of Recourse and Notice of Assignment Work
- Restructuring, Limitation and Enforcement in Credit Card Debt
- Salary Attachment 2026: How Much Can Be Attached and How Is It Lifted?
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file.
This article was prepared on the basis of the legislation in force as at 17.09.2026.
Av. Yahya Köse
Enforcement and Bankruptcy Law, Real Estate Law, Lease and Eviction Law, Criminal Law, Dispute Resolution, Preventive Law
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