In short
A complaint of excessive attachment is the discussion, in the enforcement court, of an attachment on goods, an account, or an immovable that plainly goes beyond the receivable. The statute asks that attachment be placed on so much of the debtor's goods as will meet the receivable. This complaint is not an objection that the debt does not exist at all. The day of the complaint is not added to this text. The period runs from learning of the step. Learning is read from service, or from the annotation on the minutes.
The debate about the source of a bank block is not of itself a copy of this petition. It is not said to be excessive before the file account and the attachment list stand side by side.
What counts as excessive
The comparison is between the current file account and the value of the goods that were attached. If a particular balance stands on the file account, and the house, the vehicle, the salary, and the whole bank balance were locked together, the claim of excessive attachment becomes concrete. If a single item only just meets the receivable, the attachment of a second item is discussed separately. Value is read from the valuation, or from fitness for sale. The debtor's estimate that "my house is worth more" does not stand in for the minutes. An estimate does not produce a price while there is no expert report.
If the balance on the file account and the attachment list were not renewed at the same time, the old list is read together with the new balance. The old list does not, on its own, found a ruling of excess. A sentence that it is excessive is not built without the breakdown of the file account. Which item is an accessory, and which is the principal receivable, is separated from the line. If there is no line, a second item is not counted as excessive of itself. How the creditor showed the goods in the request explains the scope of the attachment. If goods that were not in the request entered the minutes, that line is read separately. Its entering does not show that the debt does not exist. It only asks whether the scope goes beyond the receivable.
Complaint and objection
An objection is a debate on the receivable and on jurisdiction, against the payment order. A complaint is that the office's step is contrary to the statute. Excessive attachment is in this second door. A petition left at the office does not stand in for the record of the enforcement court. The period runs from learning of the step. Saying, long after the attachment minutes, "I have only just heard" does not of itself open the period if there is no document of learning. A number of days is not written into this text.
The petition writes which goods, or which record, are excessive. A result of "let all the attachments be lifted" would also erase the part that meets the receivable. The court can decide that the excessive part be lifted. The actual block can stand until the decision is entered at the office, and at the relevant bank or land registry. If there is no debt, the route is an objection, a negative declaration, or a document of payment. A petition of excessive attachment does not stand in for those actions.
Neighbouring records
The general complaint procedure stands under a complaint in enforcement proceedings. The lines of the file account stand under the file account, and the general carrying out of attachment stands under how attachment happens. The first check of a block on an account stands under a bank account, and the debate on value stands under valuation. This record separates whether the attachment that was placed goes beyond the receivable.
Which papers come side by side
The document that is read is the attachment minutes, the current file account, and the writing of value. Service separates, from the annotation, when the attachment was notified to the debtor. If there is no annotation, the day of learning is not completed. A day that is not completed is not written as the day of the complaint. The petition should list, one by one, the goods or the account claimed to be excessive. The decision is not treated as having erased the whole record without writing which part was lifted. The application should carry the balance of the file account and the list of what was attached together. A contract can show the source of the debt. The contract does not of itself prove that the attachment is excessive. An invoice can be the basis of the receivable. The invoice does not produce the value of the goods. The register, or the land registry, shows whether the attachment of an immovable was entered. If there are no minutes, a second item is not added to the list.
Where excessive attachment is read from
This article places the file account, the attachment minutes, and the annotation of learning side by side. It does not add the day of the complaint to this text. It does not count excessive attachment as an objection that the debt does not exist. The office in Çankaya does not change the competent authority.
While there is no writing of value, a sentence that the house is worth more does not produce a price. The block at the bank is not treated as lifted before the decision is entered.
Conclusion
Excessive attachment is a complaint about goods, or a block, that go beyond the receivable. The non-existence of the debt is not established by this petition. A lawyer in Ankara does not add the day of the complaint without looking at the minutes. The frame sits on the enforcement and bankruptcy law page. The basis is the provisions on the limit of attachment in Law No. 2004 on Enforcement and Bankruptcy.