What Is Wage Garnishment and Under What Conditions Is It Enforced?

Türeli & Ceylan Attorney Partnership – Enforcement and Debt Law Services

When enforcement proceedings are initiated, a debtor’s assets may be seized — including a portion of the salary earned from employment. Wage garnishment is a widely used legal method for creditors to recover outstanding debts.

But how exactly does wage garnishment work?
Can the debtor’s entire salary be garnished?
What are the obligations of the employer?
Does the debtor have the right to object?

In this article, we explore all aspects of wage garnishment under Turkish law, highlighting the rights and obligations of both debtors and employers with reference to relevant statutory provisions.

Definition of Wage Garnishment

Article 83 of the Turkish Enforcement and Bankruptcy Law No. 2004:

“One-fourth of the debtor’s wage or salary may be subject to garnishment. A lower portion may be determined by taking into account the debtor’s living expenses and dependents.”

Wage garnishment refers to the legal process by which a portion of the debtor’s earnings is deducted by their employer and transferred to the enforcement office for the benefit of the creditor.

How Much of a Salary Can Be Garnished?

According to the law:

• Only 25% (one-fourth) of the salary may be garnished,
• The remaining 75% is protected as the debtor’s livelihood allowance,
• A higher percentage may apply in alimony claims,
• In cases with multiple garnishment orders, payments are made in priority order.

Article 83/1 of the Enforcement and Bankruptcy Law:

“Only one-fourth of the debtor’s salary may be garnished. Garnishment beyond this percentage requires the debtor’s explicit consent.”

How Is the Wage Garnishment Process Conducted?

1. Enforcement proceedings are initiated,
2. The debtor’s workplace is identified,
3. The enforcement office sends a formal garnishment order to the employer,
4. The employer is obligated to deduct and transfer the garnished amount to the enforcement file each month.

If the employer fails to comply, they may be held personally liable, and the creditor may pursue collection directly from the employer.

Employer Obligations

Upon receiving the garnishment notice, the employer must:

• Make monthly deductions from the debtor’s wages,
• Transfer the amount to the enforcement file,
• Continue the deductions until the debt is fully paid.

Failure to comply may result in reimbursement claims against the employer initiated by the creditor.

Debtor’s Legal Rights

• The debtor may object if the debt is time-barred or already paid.
• The debtor’s minimum subsistence needs must not be violated due to multiple enforcement actions.
• If the debt is paid off but garnishment continues, the debtor may request termination of the garnishment.
• If multiple enforcement files exist, the debtor can request a payment priority list (sıra cetveli).

Garnishment for Alimony Claims

Article 83/2 of the Enforcement and Bankruptcy Law:

“In the case of alimony debts, the entire salary may be garnished.”

This means the 25% limitation does not apply, and the debtor’s full salary may be subject to garnishment for alimony obligations.

How Türeli & Ceylan Can Assist

For Debtors:

• We review the legality of wage garnishment orders,
• File objections against unlawful or excessive garnishments,
• Manage multiple garnishments and assess priority,
• Apply for the release of garnishment when justified.

For Creditors:

• We initiate wage garnishment proceedings against the debtor,
• Ensure that garnishment orders are properly delivered to the employer,
• Monitor and expedite the collection process.

Frequently Asked Questions

Q: Can I object to wage garnishment?
A: Yes, if the debt has expired (statute of limitations) or has already been paid. However, objections must be filed within the statutory time frame.

Q: Can more than one garnishment be applied at the same time?
A: Multiple garnishments are processed sequentially. Regardless of the number of files, only 25% of the wage can be deducted at a time.

Q: What happens if the employer fails to deduct or pay?
A: The creditor may initiate enforcement proceedings directly against the employer, who may be held personally liable.