Pension May Be Completely Blocked Due to Loan Debt

Adana Regional Court of Justice (Appeal) made a remarkable decision in the case regarding the blocking of the pension by the bank. The court decided that the pension can be fully blocked or set off if certain conditions are met and there is clear authority in the loan agreement. The case in question started with the process filed by a retired citizen demanding the refund of the deductions made from his salary. The retired citizen took legal action, claiming that the deductions made from his salary due to loan debts were above the legal limits.

According to the information in the file, the plaintiff had previously used a personal loan and paid off his debt. However, it was later stated that his pension was cut and blocked again due to the commercial loan used by the company he was responsible for. The Local Court Ordered Refund. Adana 2nd Commercial Court of First Instance, taking into account the expert report, ruled that the deductions made be refunded to the plaintiff.

The court evaluated that the transactions made from the pension were not in accordance with the law. Following the decision, the bank took the file to the Court of Appeal. In the objection petition, it was argued that the customer had the authority to set off and block all accounts, deposits and salary payments within the scope of the loan agreement. It was also stated that the enforcement process for the relevant loan had already been initiated.

Precedent Evaluation from the Court of Appeal Adana Regional Court of Justice, which examined the file, took into consideration the deposit of the pension into the bank and the authorization provisions in the contract. In the court decision, it was stated that the customer authorized the bank to set off and clear within the scope of the loan agreement, and that the debt collection was carried out within this framework through the account to which the salary was deposited.

As a result of these evaluations, the court concluded that it may be possible to block the pension account, depending on the contractual authorization and the type of loan.