SSS · Dispute Resolution

What is the difference between a preliminary injunction and a preliminary attachment?

They are both interim protection, but they serve different kinds of claim. A preliminary attachment secures the collection of a monetary claim — or a claim for security — by seizing the deb…

Updated · July 20261 min readCategory · Dispute Resolution
Short answer

They are both interim protection, but they serve different kinds of claim. A preliminary attachment secures the collection of a monetary claim — or a claim for security — by seizing the debtor’s assets, and it can be obtained before an action or enforcement proceedings have even been started. It sits in the Enforcement and Bankruptcy Law (İİK, No. 2004).A p…

They are both interim protection, but they serve different kinds of claim. A preliminary attachment secures the collection of a monetary claim — or a claim for security — by seizing the debtor’s assets, and it can be obtained before an action or enforcement proceedings have even been started. It sits in the Enforcement and Bankruptcy Law (İİK, No. 2004).

A preliminary injunction applies to everything that is not a money claim: prohibiting the transfer of an asset, suspending its use, preventing a right from being exercised, or simply preserving the existing state of affairs. It sits in the Code of Civil Procedure (HMK, No. 6100). The short rule is this — if what you want is a sum of money collected, it is a preliminary attachment; if what you want is something done, not done, or held as it is, it is a preliminary injunction. Which route applies follows from the nature of the claim, not from preference.

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