Enforcement & bankruptcy · Legal information

What Is Electronic Attachment?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Electronic attachment is an attachment, or a block, placed by electronic means on banks and similar institutions for the collection of a public receivable. Attachment of an account that comes with an official request from the enforcement office of a private-law creditor is not the subject of this heading. Even if the two letters arrive on the same day, the authority and the heading of the papers are read apart. The first distinction is whether the block came from a public debt or from a private enforcement file. Lifting does not happen of itself without the institution's writing and the application document. A bank notice does not, on its own, close the type of the debt. Whose receivable the block is is not announced before the institution's writing and the service annotation are read side by side.

It is separated from a private enforcement request

In private proceedings, the enforcement office, the file number, and in most cases the UYAP record are visible. In electronic attachment, that trio does not always stand in the same form. In electronic attachment, the instruction can come by electronic means from the tax office, the social-security institution, or the competent collection unit, and the type of debt is read from the heading of the writing. The channel of service, the heading of the papers, and the type of the debt separate these two routes. An invoice, or a private contract, cannot be presented as the basis of a public block. In the alarm of attachment of a bank account, the place to look is which authority sent the writing. If no file number is visible, private enforcement is not assumed, and a public block is not stuck onto a petition for private attachment because there is no UYAP record.

The institution that placed the block

Why the amount in the account is held is read from the bank notice and from the administration's writing. The whole of the amount, and the part that was blocked, are not treated as the same sentence. The type of debt, the period, and the taxpayer details are looked for in this document. An incomplete writing is not completed by guesswork. The office being in Çankaya should not be thought to tie, of itself, the tax office or the institution that placed the block to that district. The competent administration comes out of the record of the authority on the service and on the institution's writing. The Çankaya address does not stand in for that authority. The competent administration comes out of the institution record on the writing, and the name of the district does not change that record.

Which document is looked for in the application

A claim that the debt does not exist, that it was paid, or that it was written against the wrong person is taken to the institution with a document. An oral objection does not stand in for a draft decision. A payment receipt, the service envelope, and the administration's writing are annexes of this application, and which debt they concern should be written. Which authority will look depends on whether the debt is a public receivable or private proceedings. The application petition should show the institution, the period, and the amount of the block that is sought to be lifted. A receipt is not counted as an annex without writing which debt it belongs to. A claim of "it was paid" is not built without showing the period and the amount either.

It is not the same screen as electronic service

Electronic service in enforcement proceedings is the electronic notification of papers in private proceedings. Electronic attachment is a block for the purpose of collection. The two steps can be seen on the same day. That does not mean the two will be lifted by the same petition. Learning of the service, and the amount in the account being released, are read from separate records. Reading the notice does not produce the result that the public receivable has fallen, or that the block has lifted. Electronic service and electronic attachment do not close with the same petition. Learning of one does not mean that the other has lifted.

Do not mix the door of objection

For a public receivable, an administrative application, or the tax courts, may be discussed. An objection to a payment order in private enforcement can remain without effect if it is stuck onto a writing of electronic attachment. An action against a payment order belongs to that second door. How attachment happens looks at the attachment step of the enforcement office, and it does not repeat the steps of an electronic public block. Which door is open is separated according to the authority of the decision that was served, and according to the type of the debt. An objection in private enforcement is not stuck onto a public writing. The door of the tax courts is not read as the time for objection of the enforcement office either.

Conclusion

Electronic attachment is an electronic block tied to a public receivable. It is not a private-enforcement attachment of a bank, and the papers of the two routes are not put in place of each other. The general frame stands on the enforcement lawyer in Ankara page. For the distinction of private proceedings, the basis is the text of Law No. 2004 on Enforcement and Bankruptcy. The collection legislation of the public block itself is not read in place of this link. A result of lifting is not announced without the institution's writing, the service, and the application document. An invoice is not presented as the basis of the public block either, and a copy of a contract does not take the place of the institution's writing.

Legislation

Frequently asked questions

Is electronic attachment a private enforcement file?

In most cases it is an electronic block for tax, social security, or another public receivable. Attachment of a bank account in private law comes with an official request from the enforcement office.

How do I find out?

A notice from the bank, a query by the relevant administration, and service. It changes with the source institution.

Where is an objection made?

For a public receivable, an administrative route, or the tax courts, is discussed. It is not an objection in private enforcement proceedings.

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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