How Much Security Is Required for Precautionary Attachment?

Precautionary Attachment
Prepared by: Constantinople
Precautionary Attachment
There is no single security percentage applicable to every file. Article 259 of the Enforcement and Bankruptcy Law requires creditor security against potential loss from wrongful attachment. None is required for a claim based on a judgment; for a document equivalent to judgment, the court decides whether it is needed.
Security, fees, enforcement expenses, and legal fees are separate budget items. Providing security does not mean it is definitively lost as costs or immediately refundable. Read the order's type, amount, deposit procedure, and release conditions. A proposed bank guarantee requires separate review of wording and scope.
Money transfers and documents may take time, particularly for clients abroad. Starting preparation only after the order risks short execution periods. Identify available security and the Turkish representative beforehand. Budgeting solely from claim size may overlook expenses depending on location and asset type.
Prepare the claim document, amount calculation, existing decision, and any security proposal together. Budget security, fees, and enforcement expenses separately; do not assume a definite percentage for an order not yet issued.