Enforcement & bankruptcy · Legal information

How Are Goods in a Logistics Warehouse Attached?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Attachment of goods in a logistics warehouse is not seizing the warehouse's own goods. The warehouse is a third person holding the debtor company's goods. That the goods belong to the debtor is shown by the dispatch note and the warehouse record. A third-party notice and an actual attachment are not the same step. Custodianship is not the subject of this article.

The warehouse is a third person

The warehouse is the person who stores the goods. Ownership is read by looking at whose account the goods stand on in the warehouse receipt. If the receipt does not carry the debtor's trade name, the goods are not counted as that debtor's. If the goods of several companies stand in the same bonded warehouse, the minutes do not write all of them against a single debtor. The quantity is built from the entry on the receipt. The warehouse fee being unpaid does not pass ownership of the goods to the warehouse.

A receivable for the fee, and attachment of the goods, are two separate lines. The warehouse does not say it is the owner of the goods in order to claim its fee. If the contract writes a storage service, that text is not read as a contract of sale. If the trade name on the receipt is not the same as the trade name on the invoice, the trade name is separated first. A wrong trade name does not write the goods against that company's debt.

A third-party notice and an actual attachment

A notice is a request for information about the right or the goods in the warehouse's hands. Actually attaching the goods is a separate set of minutes the officer draws up. Which one is sought is chosen from the request for proceedings and from the official request. A letter going to the warehouse does not mean the goods were attached that day. How the reply is written is the warehouse's own task. The creditor does not compose the reply from the warehouse's mouth.

A reply not arriving does not pass ownership to the creditor. A failure to reply speaks of whether the notification was made. Who the goods belong to is read from the dispatch note, the warehouse receipt, and the contract. The period is not fixed as a figure in this article. If there is a figure, it is on the official request and on the service annotation. While there is no annotation, a day in memory is not put in place of the file.

If the workplace and the custodian are mixed

If the goods stand at the debtor's own workplace, what is discussed is attachment at the workplace, not attachment at a warehouse. If the warehouse address and the workplace address are mixed, one goes to the wrong place. A sign does not stand in for the warehouse contract. Keeping the goods after attachment is the custodian's task. The warehouse is already the possessor before the attachment is placed. Appointing a custodian does not erase the warehouse contract.

If a third person says the goods belong to them, that claim is documented separately. If the claim conflicts with the trade name on the receipt, the conflicting paper remains in the file. A photograph may not, on its own, pick out which pallet belongs to which firm. The pallet label, the receipt, and the dispatch note are read together. If the label has been removed, the minutes write that. A removed label is not read as of itself tying the goods to the debtor.

Which trade name the record chooses

A warehouse receipt can show the kind of the goods, the quantity, and the account name. If the account name is an abbreviation of the trade name, it is completed with the register entry. If the abbreviation fits two companies at once, attachment is not written against both. Which one was meant is chosen with the contract and the invoice. If it cannot be chosen, the minutes write the doubt openly.

If the goods are on the road and have not yet entered the warehouse, there is no receipt. Goods on the road are not written into an attachment as if they were goods in the warehouse. The transport dispatch note shows who the goods are going to. The dispatch note and entry to the warehouse may not be on the same day. While there is no entry record, the address of the bonded warehouse is not used as if the goods were there.

A bonded warehouse and the customs administration are not the same door. Goods waiting in customs may not yet have been written on the logistics warehouse's receipt. Goods that have not been written are not entered in the minutes as a warehouse attachment. The warehouse keeper shows that the goods are not their own property, by the account name on the receipt. If the account name is not the debtor, the creditor cannot have another company's goods written into that file. If a number of pallets greater than the one on the receipt was written, the extra part is asked about separately.

The neighbouring records are in the articles on an attachment notice, no reply arriving, and attachment at the workplace. Keeping the goods after attachment is in the custodian article, and a third person's claim to the goods is in the ownership claim article.

The order read in a warehouse file

This article places the warehouse receipt, the dispatch note, and the attachment minutes side by side with the debtor's trade name. The office being in Çankaya does not change the enforcement office where the attachment will be made. The competent authority is read from the main number of the file and from the place where the goods are.

Conclusion

Goods in the warehouse are tied to the debtor by the receipt and the dispatch note. The warehouse's silence does not transfer ownership. The frame is on the enforcement and bankruptcy page.

The basis is Law No. 2004 on Enforcement and Bankruptcy.

Legislation

Frequently asked questions

Is a notice to the warehouse enough, or does one go to the goods themselves?

The two are not the same step. A notice is the warehouse reporting the right or the debt in its hands. Actually attaching the goods is a separate set of minutes. Which one is sought is chosen in the file.

If the warehouse does not reply, are the goods ours?

No. A failure to reply speaks of the warehouse's notification. Whether the goods belong to the debtor is read from the dispatch note and the warehouse receipt. The manner of reply is the warehouse's writing.

Are a custodian and a warehouse the same thing?

They are not. A custodian is the keeping of the goods after attachment. A logistics warehouse is a third person who already holds the goods before the attachment.

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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