Pension payments cannot be garnished! Sample complaint letter against unlawful blocking of funds

the Turkish Republic
… Enforcement Law Court
…………….

FILE NO: …/… Enforcement Directorate

COMPLAINANT

Name and Surname: …
Turkish Republic Identity Number: …
Address: …

REPRESENTATIVE

Attorney …
Address: …

THE OTHER SIDE

Name and Surname / Trade Name: …
Address: …

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SUBJECT

Our request is for the lifting of the garnishment placed on our retirement pension and the removal of the blockage on our bank account.

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EXPLANATIONS

1. My client worked for many years as an insured employee in a private company in the … sector and completed the required number of premium days, receiving an old-age pension (retirement pension) from the Social Security Institution on …/…/…. Currently, he is not employed elsewhere, and this pension is his sole source of income.

2. An enforcement proceeding has been initiated against my client by the person/company named … under file number …/… E. of the … Enforcement Directorate, and my client's bank account has been blocked through the enforcement directorate.

3. However, the account that has been blocked is solely the account into which the pension payments regularly deposited by the Social Security Institution (SGK) are paid. Bank statements and account activity clearly demonstrate that this account is not used for any individual savings or payments from third parties; it is used exclusively for pension payments.

4. According to Article 93 of the Social Security and General Health Insurance Law No. 5510, "Income, salaries, and allowances cannot be seized, except for alimony debts." The client's debt is not an alimony debt. Furthermore, the client has not consented to or given permission for the seizure.

5. Furthermore, according to the established jurisprudence of the Supreme Court of Appeals, if there is no inflow of funds from other sources into the account where the pension is deposited, placing a lien on that account is clearly unlawful and should be lifted (for example, see: Supreme Court of Appeals 12th Civil Chamber, 2020/12345 E., 2021/6789 K.).

6. Therefore, lifting this blockage, which applies only to the account into which the pension is deposited, is a legal necessity pursuant to the provisions of the Enforcement and Bankruptcy Law and the principles of the Constitution that protect the right to property.

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LEGAL GROUNDS

Articles 16 and subsequent articles of the Enforcement and Bankruptcy Law, Article 93 of Law No. 5510, Article 35 of the Constitution, the Code of Civil Procedure and related case law

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EVIDENCE

• … Enforcement Directorate …/… E. numbered enforcement file

• Bank account statements

• SGK payslip and monthly pension calculation decision

• Relevant correspondence, receipts

• Supreme Court rulings and all other legal evidence

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CONCLUSION and REQUEST

For the reasons stated and explained above;

1. The attachment placed on the bank account, which is the client's sole source of income and into which only his pension is deposited, is unlawful and should be lifted immediately

2. The blockade, which continues until a decision is made to lift the attachment, should be lifted immediately

3. The court costs and attorney fees shall be borne by the opposing party

We respectfully request and demand that a decision be made.
…/…/2025

Complainant's Attorney
: …
(Signature)

                                                             YAĞMUR YORULMAZ, LAW FACULTY STUDENT