Enforcement & bankruptcy · Legal information

How Is a Claim in a Financial Lease Asked For?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A financial-lease claim is the leasing company asking for the unpaid sum written in the contract. The hired machine or vehicle often belongs to the lessor until the contract ends. It is not attached as if it were the lessee's property. The sum is read from the record in the contract and from the termination clause, not from a pile of invoices.

The sum and ownership are separate lines

The contract writes the term of the lease, the sum, and the result of ending before the term. An unpaid instalment and the remaining sum of the contract may not be the same figure. Which will be asked for is read from the termination record. This text does not of itself treat the remaining sum as having fallen due. While there is no record, it is not written as if all the instalments were asked for in one head. The head that is asked for matches the line on the payment schedule.

Enforcement without a judgment of a single invoice is not a copy of the financial-lease contract. An invoice can show the sum of one period. The whole of the contract is not rebuilt from a pile of invoices. A rent debt for a home or a workplace is not the name of this contract either. The two rents are not squeezed into the same request for proceedings. Which relationship gave rise to the debt is read from the heading of the paper.

The goods are not treated as the lessee's fixture

The machine may be standing at the lessee's workplace. The place where it stands does not change ownership. If the contract writes when ownership will pass, that record is read. Before the record arrives, the machine is not written onto the lessee's list of fixtures. The lessor's invoice does not stand in for the lessee's inventory. If the machine appears in the inventory, it is asked whether that conflicts with the contract.

Another creditor of the lessee can write the machine at the workplace into the attachment minutes, thinking it is the lessee's property. That attachment does not collect the lessor's own claim. The lessor shows, with the contract, that the goods belong to them. A third person saying the goods are mine is also documented separately. If there are two claims, the minutes write who spoke in which capacity.

A pledge and the lease do not stand in for each other

Ownership in a financial lease is not shortened into a pledge of movables. Realising a pledge is the work of the pledge contract and of the pledge record. If the lessor is not a pledge creditor, they do not put that route in place of the rent. If an instrument was given as security, the instrument is not the document of ownership of the machine. The instrument is read from its own text. The machine stands separately.

If the contract was terminated, the notice of termination is looked for in the file. While there is no notice, termination is not treated as having happened. If there is a notice, which sum was asked for is placed beside the termination record of the contract. If the lessee returned the machine, the minutes of return do not erase the head of the sum. The return shows that the goods were given back. Whether the sum was paid is in the account statement.

Someone else's attachment is not the lessor's claim

If another creditor who entered the workplace sells the machine, that sale does not of itself collect the lessor's instalment. The lessor writes the position of the goods separately, relying on the attachment minutes and the contract. A sale notice does not stand in for the ownership record. If the notice writes the machine as the lessee's property, that writing is corrected with the contract. The correction petition is separate from the request for proceedings for the rent.

The lessee shows, with a receipt, that they paid the sum. If the receipt does not write which month it belongs to, it is matched with the contract schedule. A payment that does not match does not mean the debt has ended. The lessor also puts the collection receipt in the file. If the receipt and the payment slip conflict, the conflicting sum is not invented in this text. The sum is on the paper.

If the lessee left the machine with a third person, the minutes of that leaving are looked for. While there are no minutes, the machine is not treated as the property of the person it was left with. The lessor's ownership does not fall of itself because possession changed. The sum is still asked for from the record in the contract. Leaving the goods does not stand in for the notice of termination.

The route of a single invoice is in enforcement of an invoice, and rent of a home or a workplace is in the article on a rent claim. Realising a pledge is in a pledge, the separation of goods at the workplace in attachment at the workplace, and a third person's claim in the article on a third-party ownership claim.

The line that is looked at in the contract

This text places the financial-lease contract, the payment schedule, and the minutes of with whom the machine appears, side by side. The office being in Çankaya does not change the enforcement office where the proceedings will be opened. The competent authority is read from the parties in the contract and from the request for proceedings.

Conclusion

What is asked for in a financial lease is the sum in the contract. The machine is not treated as the lessee's fixture. The frame is on the enforcement and bankruptcy page.

The basis is Law No. 6361 on Financial Leasing, Factoring, Financing and Savings-Financing Companies and the Enforcement and Bankruptcy Code, Law No. 2004.

Legislation

Frequently asked questions

Is the machine sold for an unpaid instalment?

If the machine stands as belonging to the lessor in the contract, it is not sold as if it were the lessee's property. What is asked for is the sum in the contract. The sum and ownership of the goods are not the same sentence.

Is enforcement of residential rent this article too?

No. The tenant's rent debt is in a separate article. A financial lease is the hiring of a machine or a vehicle for a set period. The two rents are not squeezed onto the same route of proceedings.

What if another creditor of the lessee attaches the machine?

If the machine is not the lessee's fixture, a discussion of a third-party ownership claim can arise. The separation of goods at the workplace is in a separate article. This page reads the leasing company's own claim.

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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