Enforcement & bankruptcy · Legal information

What Should You Do If an Article 103 Invitation Arrives?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of what to do if an Article 103 invitation arrives separates the call sent to an absent party when the debtor, the creditor, or a person authorised to receive service for them was not present while the attachment minutes were drawn up. Enforcement and Bankruptcy Code Article 103 states three days for this call. The paper is not a sale notice. Another invitation date that is not written in the file is not added.

The three days are read from the date of service. If there is no service endorsement, the day is not rebuilt. A day that is not rebuilt also does not mean that the attachment has lapsed.

What the invitation paper asks for

The call asks you to come to the enforcement office, inspect the minutes, and say anything you have to say. The three days are read from the date of service. Cases in which the statute treats the time as extended remain reserved. The date on the envelope is not extended from memory. A date that has not been extended is not written on a petition as a new day.

The minutes state which asset was attached, where, and in whose possession. A wrong registration plate, a wrong block and parcel, or someone else's belongings are seen in this inspection. A summary screen does not stand in for the minutes. A summary that does not stand in is not pasted into the file as the attachment document.

If an authorised person was present during the attachment, a separate invitation is not issued. A copy is left with that person. The claim that you were not at home is documented separately if the minutes contain a signature or a record of delivery. A claim that is not documented does not mean that the copy was not given.

The land-registry annotation itself sits under attachment of immovable property. The annotation is not the text of the Article 103 invitation. Even if the two arrive in the same envelope, they are not treated as the same paper.

The three days are not the complaint period itself

The three days are the invitation set aside for seeing the minutes. The period for a complaint against the attachment step is a separate period that begins when the step is learned of. This text does not write that period as a figure. If it is not in the file, it is not added. If you do not inspect, a debate can arise at the end of the three days about whether you are treated as having learned of the minutes. How a complaint is framed sits under enforcement complaint. This text does not rewrite that petition.

A complaint is not an action saying that you owe nothing. The claim that the asset in the minutes does not belong to you sits at the door of a third-party ownership claim. A claim of a suitable dwelling is also left to the homestead complaint. The two doors are not merged with the three days on the invitation paper.

Failure to send the invitation does not, in the text of the statute, automatically treat an attachment made in absence as void. An invitation that was not sent can shift the date of learning. Whether preparation for sale may proceed is not stated before the service papers are seen.

It is not mixed up with a sale or a notice

Asking for a sale is not inside this invitation. The creditor's request for sale, the period and the advance expenses sit under sale after attachment. An objection to the valuation report is also separate. An objection that is separate is not added to the three days of the Article 103 invitation.

The writing that goes to a third party's bank or workplace sits under attachment notice. An Article 103 invitation is not issued to that addressee. Even if the two envelopes arrive on the same day, their periods are not added together. A period that is not added does not turn the reply to the notice into an inspection of the invitation.

An invitation issued by an office in Ankara is not transferred of its own accord to another directorate because the asset is in another province. The file number must match the reference on the envelope. A reference that does not match is not read as the minutes of another file.

An Ankara lawyer reads from the service papers that the office being in Çankaya does not change the office that issued the invitation. The competent authority is the office that placed the attachment. A sale notice is not treated as having been opened so that the invitation will pass of its own accord. The district of the office does not change the competent enforcement office. The office address does not take the place of the service address.

The list of assets in the minutes should be read as an annex to the invitation paper. If there is no annex, it remains unclear which item was attached. An item that remains unclear is not treated as ready for sale. Preparation that is not counted does not open a sale of its own accord when the three days end. A sale that has not been opened is not announced by a petition either. An announcement that does not exist does not take the place of the service endorsement.

The invitation date is not added

This article does not add to the minutes an invitation date that is not written in the file outside Article 103. This article does not read the three days as the date of a sale notice.

Conclusion

An Article 103 invitation calls you to inspect, within three days, the minutes of an attachment made in absence. It does not open a sale, it does not stand in for a third-party notice, and it does not by itself apply the list of assets that cannot be attached. A complaint period is not constructed without the date of service and the minutes. The framework is on the enforcement and bankruptcy law page. The official basis is Enforcement and Bankruptcy Code No. 2004 Article 103.

Legislation

Frequently asked questions

Is an Article 103 invitation a sale notice?

No. The invitation calls you to inspect the minutes when you, or someone authorised to receive service for you, was absent during the attachment. A sale date, an electronic announcement and an auction are not looked for on this paper. A sale is requested separately.

If I do not go to the office within three days, does the attachment lapse?

The statute says an invitation is sent to the absent party to inspect the minutes within three days and to state anything they have to say. That period is not the automatic lifting of the attachment. Staying away from the inspection can open a debate about being treated as having learned of the minutes.

If someone was present at the attachment, does a further invitation arrive?

If a person authorised to receive service on behalf of the debtor or the creditor was present during the attachment, a copy of the minutes is given to that person. Under the statute, no further notice is given. Whether a copy was given is read from the minutes.

Is this paper an attachment notice to a third party?

It is not. An attachment notice goes to a third party who owes the debtor. An Article 103 invitation goes to a party to the attachment minutes. If the two addressees are mixed up, the writing goes to the wrong place.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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