Enforcement & bankruptcy · Legal information

Is an Attachment Minute Taken While You Are Out Valid?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

An attachment minute taken while you are out does not become void of itself because of the absence. Validity is read not from the debtor not being at home, but from who signed the minute and from what was written. If the debtor's signature is missing, that does not, on its own, erase the list. Someone else's signature does not mean you accepted the debt. The period of the inspection summons is not written into this text.

Absence does not produce invalidity

The debtor may not be at home at the moment of the attachment. The minute can still be drawn up. If the sentence of not being at home is written in the minute, it is read from there. If it is not written, a claim of "I was not there" is seen separately from the signature and from the record of who was present. If there is no record, absence is not assumed. If absence is written, the minute is not treated as torn up of itself either. Treating it as torn up requires an endorsement in the minute to that effect. If there is no endorsement, an endorsement is not added.

Absence does not mean the attachment was never carried out either. Whether it was carried out is read from the place, the date and the list line in the minute. If these lines are blank, the blank is not filled. A blank that was not filled is not completed as if there were an attachment either. If the place line shows another address, that address is read. If there is no address, the address is not produced from the sentence of absence. If there is no date, a date is not added. The date does not build the period of the absence either.

Not being at a workplace, a warehouse, or another place is in the same distinction. If the type of place is written in the minute, it is read. If it is not written, it is not completed as a home, a workplace or a warehouse. The door being left open does not mean the debtor is treated as inside. The state of the door is a separate sentence. If there is no sentence, presence is not drawn from the door.

If more than one address was attached in the same proceedings, each address is in its own minute. Absence at one place does not erase presence at the other place. If the minute of the other place is not in the file, attachment at that place is not assumed. An attachment that was not assumed is not written as a void attachment either.

The signatures of those present are read apart

If the officer, the police, the neighbourhood head, a locksmith, a neighbour, or a person present signed, their names are on their own lines. If there is a signature and no name, it is read from there if the minute writes the person. A name that was not written is not added. The neighbour's signature is not the debtor's acceptance. The police signature does not declare the list of goods accurate. Each signature carries its own line. A signature does not admit the debt if there is no sentence of acceptance written separately.

If there is more than one signature, the order is the order in the minute. A later signature is not treated as having changed the earlier person's sentence. If a change was written by being struck through in the minute, that striking-out is read. If there is no striking-out, the later signature does not erase the earlier line. Initials are not the signature itself. Whichever correction the initials stand beside, that correction is read. Initials do not produce an admission of the debt.

The stamp of the neighbourhood head, or of the building attendant, is not an acceptance given in your name. The stamp can show the institution. If the name of the institution is not on the line, the name is not added. If it is not written that the attendant spoke in your place, the speaking is not assumed. If it is written, that sentence is read. The sentence does not of itself make the list right or wrong.

If the capacity of a witness is written, the witness is not the debtor. If witness is not written, the capacity is not added. The same surname is not read as tying two people to one admission. If the minute separates the persons, the separation is read. If it does not separate them, a person is not added from the surname.

The debtor's blank signature does not erase the list

The debtor's signature being blank can show that they were not at home. The blank does not drop the attachment. Refusing to sign, and absence, are not the same sentence. Whichever is written is what is read. If neither is there, a reason is not invented. If both are there, the two stand apart. A refusal is not accepting the debt. A blank line does not produce acceptance either. If acceptance was written separately in your name, it is on that line.

An inspection summons that comes later is a separate paper. The period of that paper is not built here. If there is no summons, a summons is not assumed. The summons paper is not the minute itself. The minute writes the moment of the attachment. The summons can relate to seeing that minute later. Even if the two came in the same envelope, they are not treated as the same line. The service record in the envelope does not change the attachment list. If there is no record, service is not treated as having erased the absence.

A petition your representative later put in the file is not the signature line at the moment of the attachment. The petition does not of itself have an absence that was not written in the minute entered on the minute. If the address written in the petition conflicts with the address in the minute, the conflict is not closed. If which address was taken as the basis is not in an endorsement, the endorsement is not invented.

If the debtor is a company, nobody being at the home or the workplace does not mean the legal person accepted the debt. If there is no sentence of acceptance, there is no admission. A signature an employee made earlier is not carried onto this minute of absence. A signature that was not carried does not admit the goods on this list.

The summons paper is not the minute itself

If a separate paper was drawn up for an inspection or an objection, that paper is read from its own heading. If there is no heading, a heading is not added. The paper is not completed as the last page of the attachment minute. The last page does not write the period of the summons either. A figure for the period is not in this text. Carrying the figure here would be copying the subject of another article into this body.

If the name of the authority is on the paper, that name is read. If it is not, the authority is not added. If the paper belongs to another file number, it is not counted towards this attachment. If the number cannot be read, the number is not completed. A number that was not completed does not make the minute void. Invalidity is not produced from the sentence of absence either.

Not having gone to the summons does not mean the list was declared accurate. Having gone does not erase the list either. Whether someone went is read from a separate record if there is one in the file. If there is no record, it is not said that they went, or that they did not. A spoken appointment is not a summons paper. If the appointment was not entered in the minute, it is not in the file.

Goods that are not on the list are not added from the absence

The list of goods may also have been written while the debtor was not at home. Goods that are on the list are read from the list. Goods that are not on the list are not added on the pretext of the absence. A second list kept at home does not stand in for the minute in the file. A photograph does not add to the attachment goods whose name does not appear on the list. If the photograph is annexed to the minute, the annex is read. If it is not annexed, the photograph is not assumed.

If there is a distinguishing mark, it is read. If there is not, a mark is not added. If what was left in place and what was taken away are separated in the minute, the separation is read. If they were not separated, all the goods are not treated as taken away. If the custodian's name is written, that name is read. If it is not written, the name is not added. If there is no sentence that it was left with a neighbour, the leaving is not assumed.

A claim about protected goods is in the article on goods that cannot be attached. Goods beyond the claim are in the article on a complaint of excessive attachment. Someone else's goods are in the article on a third-party ownership claim. The general order of attachment is in the article on how attachment works. Absence does not stand in for these four headings. Closing the debt before a sale does not arise from the absence either. That record is in the article on paying the debt before the sale. Not being at home is not a payment document. While there is no document, it is not said the debt was closed.

A written explanation a neighbour or an officer gave after the attachment does not stand in for the minute at the moment of the attachment. If the explanation entered the file, it is read from its own date. If it did not enter, it is of no effect. A new name of goods in the explanation does not fill the blank on the list. If the explanation writes later that the debtor was at home, that writing does not of itself erase the sentence of absence in the minute. If the erasure is a striking-out in the minute, the striking-out is read. If there is no striking-out, the two records stand side by side, and one is not treated as having completed the other.

A signature the debtor later made, saying they saw the minute, does not mean they were present at the moment of the attachment. Whichever paper that signature is on, that paper is read. If the paper is an annex to the inspection summons, the annex is not the minute itself. If there is no sentence beside the signature of "I accept this debt", the signature does not produce an admission. The act of seeing and the act of accepting are not melted on the same line. If there is no record of seeing, the debtor is not treated as having seen the minute.

There is no route in this text for hiding the goods or for holding the door. What is recounted is that absence does not of itself erase the minute. Hiding and resistance are not invented.

Conclusion

Absence does not of itself make the minute void. Who signed is read. The debtor's blank signature does not erase the list. Someone else's signature is not an admission of the debt. The period of the summons is not in this text. The frame is on the enforcement and bankruptcy law page. The official text is the provisions of the Enforcement and Bankruptcy Code, Law No. 2004. The contact page stands for reading, with a copy of the file, a minute taken in absence.

Legislation

Frequently asked questions

If I am not at home, is the minute invalid?

It does not become invalid of itself. If the absence is written in the minute, it is read from there. Invalidity is not produced from the sentence of not being at home.

If a neighbour signed, have I accepted it?

The neighbour's signature is on their own line. Your acceptance is read from there if there is a sentence written in your name. Someone else's signature is not your admission.

If my signature line is blank, does the attachment fall?

It does not. A blank signature can show absence, or a refusal to sign. Whichever is written is what is read. If neither is there, a reason is not added.

Are goods that are not on the list treated as taken in my absence?

They are not. The goods that were taken are read from the list. Goods that are not on the list are not added. A second list kept at home does not stand in for the minute in the file.

Is the day of the inspection summons in this text?

It is not. The summons is a separate paper. A number of days is not written. If the summons is not in the minute or in the envelope, the summons is not assumed.

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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