Chapter Fourth: Subject of Execution and Non-Seizable Property

Article 857

Chapter Four: Execution and Non-Seizable Assets Article 857: The garnishee may, in any stage of the proceedings prior to the sale, deposit an amount of money equal to the debt of the garnishors and the co-garnishors, as well as the interest and expenses. This deposit shall result in the lapse of the garnishment on the garnished assets and its transfer to the deposited amount, which shall be allocated exclusively for the satisfaction of the debt of the garnishors and the co-garnishors, to the exclusion of all others.

Article 858

Article 858 - A privileged creditor, mortgagee or creditor holding security on some or all of the debtor's property is not required to execute first against such property.

Article 859

Article 859 - If the value of the debt for which the precautionary seizure was made is less than the value of the seized assets, the debtor may request the President of the Execution Department to rule on limiting the seizure to some of these assets, provided that their value is not less than twice the value of the debt for which the seizure was made. This shall be done through an urgent lawsuit filed in accordance with the procedures prescribed for urgent lawsuits, and all seizing creditors shall be parties to the lawsuit. The seizing creditors before the limitation of the seizure shall have priority in collecting their rights from the assets to which the seizure is limited. If the seizure relates to real estate, the decision to limit the seizure must be registered in the Real Estate Registry to establish the aforementioned priority right.

Article 860

Article 860 (as amended) - Seizure may not be levied against property which the law prohibits from seizure and against the following property: 1- Property of the State and other legal entities with public status...

Article 861

Article 861 - The provisions of the preceding article shall not apply, with regard to paragraphs 8, 9, 10, 11, 12, and 13, to the creditor who claims the price of the items referred to in these paragraphs and existing in the possession of the judgment debtor or the expenses of their maintenance, nor to the creditor whose debt arose from the provision of foodstuffs.

Article 862

Article 862 - If the execution officer, upon levying seizure, discovers securities or bills of exchange belonging to the seized party, he shall take possession and collect their value. If the maturity date is distant in the future...

Article 863

Article 863 - In accordance with the provisions of Article 15 of Legislative Decree No. 25 issued on May 4, 1943, related to the emergency of work, and Article 57 of the Social Security Law issued on September 26, 1963, attachment of the salaries and pensions of employees, workers, and servants, and the salaries of public sector employees shall not be permitted except in accordance with the following proportions: 1- One-tenth of what does not exceed the official minimum wage limit. 2- One-fifth of what exceeds this limit and does not exceed three times its amount. 3- One-third of what exceeds three times its amount and does not exceed six times its amount. 4- One-half of what exceeds six times its amount and does not exceed nine times its amount. - The entirety of what exceeds nine times its amount. Any amount exceeding the original salary, wage, or pension, which is considered for the purpose of determining the attachable value, such as bonuses and other increases, shall be added to it as a complement. Attachment of severance pay for employees, workers, and servants shall not be permitted except in accordance with the aforementioned proportions, provided that the official minimum wage limit is calculated on an annual basis.

Article 864

Article 864 - Subject to the provisions of item 5 of the preceding article, seizure may be levied against pensions and retirement allowances of employees, workers and servants and their termination compensation and salaries of public servants...

Article 865

Article 865: Attachment may only be made on another portion of salaries, wages, and retirement pensions - and the severance pay referred to in the two preceding articles, equivalent to the attachable portion.