Enforcement and Bankruptcy Law

Attachment (Garnishment) of Individual Pension System (BES) Savings

Court: Court of Cassation of Türkiye
Chamber: 12th Civil Chamber
Case No.: 2018/11309 E.
Decision No.: 2018/8049 K.
Decision Date: 13.09.2018

The 12th Civil Chamber of the Court of Cassation ruled that, under Article 17/2 of Law No. 4632, the portion of the fund shares in an individual pension account corresponding to the number of months the participant has been in the system multiplied by the minimum wage cannot be attached, while the amount exceeding that portion may be attached. In the case at hand, deciding without obtaining an expert examination to clearly determine the attachable portion was deemed an incomplete examination and grounds for reversal.

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