What Is Wage Garnishment?
Salary attachment is regulated under Article 83 of the EBL. Here, in order for a salary garnishment to be sent to the workplace where the debtor works, the proceedings must be finalized. After the proceeding is finalized, the creditor decides to garnish the debtor’s salary from the enforcement office. However, more than ¼ of his/her salary cannot be deducted without his/her consent.
Article 90 et seq. of the Law No. 5510 stipulates that pensions can only be garnished for alimony and SSI premium debts, and cannot be blocked or garnished for other receivables. In this case, the garnishment cannot exceed ¼ of the pension.
In addition, here, the debtor’s consent must be obtained for the garnishment of the pension. The Court of Cassation accepts the consent given during the garnishment after the proceedings are finalized as a valid consent. On the other hand, the bank may withhold the entire salary lying in the bank account due to salary garnishment. The person under the threat of garnishment should also inform the bank that his/her bank account is a salary account.