1. Initiation of Enforcement Proceedings: Will Enforcement Be Taken to the Home?
When a person does not pay their debt, the creditor can initiate enforcement proceedings through legal means. During the enforcement proceedings, the seizure of the debtor’s assets may be on the agenda. However, certain stages must be passed in order for the home to be seized.
Example: If a payment order is sent to the debtor and the debtor does not object to this payment order within a certain period of time, the enforcement proceedings are finalized. In this case, the home may be subject to enforcement.
2. Seizure of Household Goods
If an enforcement order is taken to the home in 2024, the enforcement officer may seize the debtor’s movable assets. However, the laws prohibit the seizure of certain items that are necessary for the debtor and their family to continue their lives.
Items That Cannot Be Seized: Items that are for basic needs such as refrigerators, ovens, washing machines, beds, armchairs, and tables cannot be seized. These items are necessary for the debtor and their family to continue their daily lives.
3. Seizing the Debtor’s Income
If the debtor has a salary or regular income, the enforcement officer can also seize this income. However, the debtor’s entire salary is not seized; the law protects a certain portion.
Example: Only 25% of the debtor’s salary can be seized. The rest is released to provide for the debtor’s livelihood.
4. Things to Do Before a Home is Seized
The debtor is given the right to take certain steps before the home is seized. The debtor can make a payment plan or pay the debt in installments to prevent the seizure.
Example: After receiving the payment order, the debtor can apply to the enforcement office and reach an agreement with the creditor and restructure the debt. In this case, the possibility of the home being seized is eliminated.
5. Electronic Seizure (e-Seizure) Application
Another application that continues in 2024 is electronic seizure (e-seizure). In this method, the debtor’s bank accounts can be seized and the debt can be collected. E-seizure application, unlike physical seizure, targets the debtor’s bank accounts.
Example: The debtor’s bank deposits can be seized and paid to the creditor via e-seizure.
6. Income and Items That Cannot Be Seized
Certain income and items are exempt from seizure so that the debtor can continue his/her life. This is a regulation introduced so that the debtor and his/her family are not victimized.
Example: Income such as alimony, disability retirement pension, old age pension cannot be seized. Similarly, the debtor’s personal clothing and children’s belongings cannot be seized.
7. Preventing the Seizure Process by Legal Means
In order to protect the rights of the debtors, it is possible to take legal action in the event of a seizure of the house. The debtor may object to the cancellation or suspension of the seizure process.
Example: If the debtor thinks that there is an irregularity during the enforcement process, he/she can apply to the court and request that the seizure be stopped or cancelled.
8. What Should the Debtor Do in Case of a Seizure on the Home?
There are certain steps that the debtor can take when the home is seized. When the bailiffs come to the home, they must comply with legal procedures. The debtor can object to the bailiff’s actions.
Example: If the bailiff wants to take the items that cannot be seized, the debtor can object to this situation and file a lawsuit stating that the law is being violated.
9. The Situation of Landlords
If the debtor lives in a rented house, the bailiffs may try to seize the landlord’s items while seizing the items in the house. However, seizing the items belonging to the landlord is against the law.
Example: If the white goods in the home of a debtor living in a rented house belong to the landlord, the debtor can prevent the seizure by proving that these items do not belong to him.
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