Ranking of Creditors in Salary Attachment (Sıra Cetveli)

The “Queue” Problem

It is common for a debtor to have debts to multiple banks or individuals. When all of them send attachment writs to the employer, chaos can ensue. Who gets paid first?

Fundamental Rule: The date of notification to the employer determines the rank.

The Ranking System

1. The First File (Current Deduction)

The creditor whose writ reaches the employer’s records first takes the 1st Rank.

• The employer deducts 1/4 of the salary and sends it to this file.
• This continues until the debt is paid off (Debt + Interest + Attorney Fees).

2. The Waiting List (Subsequent Files)

The 2nd, 3rd, and 4th files are placed in a queue.

• No Concurrent Deduction: The employer cannot deduct another 1/4 for the second file simultaneously (this would leave the worker with only half salary, which is illegal).
• The second file waits dormant until the first receives a “Debt Paid” letter.

Critical Exceptions to the Queue

Some debts obey no queue and cut right to the front or run in parallel.

A. Alimony (The VIP)

Current Monthly Alimony is exempt from the queue.

• It is deducted immediately, regardless of other files.
• Example:
  • Salary: 20,000 TL
  • File A (Bank): 1st Rank (waiting).
  • File B (Alimony): Just arrived.
  • Result: Employer deducts Alimony (e.g., 5,000) FIRST. Then, calculates 1/4 of the remainder for File A.
  • Note: Accumulated (past) alimony acts like a normal debt and enters the queue.

B. Public Receivables (Tax/SGK)

State debts (Tax, fines) generally also enter the queue based on arrival time regarding salary attachment (unlike property seizure where they have different privileges). However, practice shows tax offices are aggressive.

What Should the Employer Do?

The employer acts as an “agent” of the Execution Office.

1. Record the arrival date/time of every writ.
2. Inform the subsequent creditors: “We received your writ, but there is File X in the 1st rank. You are in the 2nd rank.”
3. Start payment for File X.
4. Switch to File Y when X finishes.

Legal Support: We advise companies on managing multiple attachment writs to avoid liability and help debtors correct ranking errors. Contact us.

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