Enforcement & bankruptcy · Legal information

How Is the Time Read on a Night Attachment Record?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A night attachment is not assumed when the minutes have no time line. If a start and an end are written, the two are read separately. If there is no written-order line, permission for the night is not treated as given. This text does not state a time range. The name of the day does not produce a night attachment either. A phone clock and memory do not fill an empty line.

The time line is separate from the date line

The minutes may record the time the attachment began and the time it ended. The two do not dissolve into the same box. If only one is present, the other is not filled in. The time is on the minutes' own line. The time on the debtor's phone does not stand in for the time on the minutes. A remembered sentence that it was already evening does not fill an empty time line. A screenshot, if it was not entered on the minutes, does not change the time in the file.

The date and the time are not the same thing. The date shows the day. The time shows the moment inside that day. One is not written in place of the other. If both are there, both are read. If they conflict, the conflict is not closed. A conflict that is not closed is not smoothed into a single time. If the date was erased and the time left standing, the erasure is read. If there is no erasure, the date is not produced from the time.

Whether the time stands in figures or in words, that form is what is read. If the two forms sit side by side and differ, both remain. One is not chosen while the other is ignored. If the minute is not written, a minute is not added. A second is not added either. If words such as approximately, around, or about are on the line, the uncertainty is read. If the word is absent, certainty is not added.

If more than one attachment stands on the same minutes, each act has its time on its own line. The time of one item does not complete the time of another item. If the address changed, the time at the new address is separate from the time at the old address. If there is no address line, the address is not drawn out of the time.

An empty time establishes neither night nor day

If the time line is empty, the act is not treated as having been done at night. It is not treated as having been done by day either. There is no time. No assumption is built. The date line does not stand in for the time. If there is a date and no time, only the date is read. The day of the week does not produce a night range. This text does not state after which hour the word night is used. A range is not built from an empty line.

A story that it was dark, that the street lamp was lit, or that the neighbour was asleep is not the time on the minutes. If the story was not entered on the minutes, it is not in the file. Even if it was entered, the story does not stand in for the written time. The season, a holiday, or the end of the working day does not produce a time either. If those words are not on the line, they are not added.

An officer's working hours are not a decision for a night attachment. If the shift chart was not attached to the minutes, the chart is not carried into this attachment. Even if the chart is attached, it does not fill the time line. If the time is still empty, night is not assumed. The name of a shift on the chart is not written as the time of these minutes.

The debtor being at work or at home does not show the time. Whether the door was open or closed does not show it either. The state of the door is a separate sentence. If that sentence is absent, a time is not drawn from the door. If there is a time and no sentence about the door, the state of the door is not completed from the time.

A written order does not stand in for the time

If the minutes have a written order line about the time, that line is read. The authority, and the date if there is one, are as written on the line. If the line is absent, it is not assumed that an order was given. If there is an order and no time, the order does not complete the time. If there is a time and no order, the time alone is not a permission document. If the two lines stand side by side, both are read. One is not treated as a copy of the other.

If the reason for the order is not on the line, a reason is not added. The reason is not written from the debtor's guess. A guess is not a line of the minutes. If the office that issued the order is not written, an office is not added. An order from another file is not pasted onto this attachment. If the file number differs, the order is not treated as belonging to this act. If the number cannot be read, the number is not completed.

Oral permission is not a written order line. A sentence the officer spoke to the creditor or the debtor, if it did not enter the minutes, is not read as an order. The creditor writing, in the request, that it should be done at night is not an order of the authority either. The request does not stand in for the order line. If the request is there and the order line is not, permission is not assumed.

If a photocopy of the order is a separate sheet in the file, the sheet is read. If the sheet is absent, a sentence on the minutes does not by itself produce a photocopy. If the sheet and the minutes conflict, the conflict is not closed. If the annotation does not say which paper was taken as the basis, an annotation is not invented.

Start and end do not build a range

An attachment may start at one time and end at another. If the two times are not on the minutes, a range is not built. If two times are written, what is read is those two times. Whether the interval falls at night is not said from a memorised window. That window is not in this text. A single time is not split in two and called both the start and the end.

If the end time is written before the start, the order is not corrected. If a correction was made by striking through the minutes, the strike is read. If there is no strike, the reversed order is not picked as if it were one correct time. If a break was taken, the break is read only when it is written separately. If it is not written, a break is not added. A break does not produce a night range.

The general sequence of attachment is in the article how attachment works. Property that is protected is in the article property exempt from attachment. Property beyond the debt is in the article complaint of excessive attachment. Someone else's property is in the article an ownership claim. The time line is not the subject of those four articles. Closing the debt before the sale does not arise from the time either. That record is in the article paying the debt before the sale. A payment document does not erase the time line. When there is no document, the debt is not treated as closed because of the time.

A time on another paper is not carried onto these minutes

A time remembered from a neighbouring office, or from another day, is not a line of these minutes. A time on another paper is not carried onto this attachment. A time that is not carried does not stand in the complaint as the time of these minutes either. The petition does not carry a ruling, in the style of minutes, that fills the empty line. A time written in the petition, if it is not on the minutes, does not become the time of the minutes.

If a second attachment was made at the same address, that attachment's time is not the time of these minutes. The two sets of minutes are read side by side. One does not fill the other's gap. The time in another file of the same officer is not carried over either. Even if the officer's name is the same, the time is separate when the file number differs.

The moment an electronic service was opened is not the time of the attachment. If there is a service record, it is read from its own line. If there is no record, a service time is not produced. The attachment minutes do not stand in for the service. The service does not stand in for the time line either.

The call log of the creditor's lawyer is not the time on the minutes. If the call list never entered the file, it is of no effect. Even if it did enter, the list is not treated as permission for a night attachment. If the list and the minutes conflict, the time on the minutes is read. If the minutes have no time, the time on the list is not written onto this attachment.

The list and the order do not arise from the time

The list of property is not a copy of the time line. Even if a time was written, an item that is not on the list is not added. If the list is full and the time is empty, what is read is that the list is there and the time is not. If the time is full and the list is empty, property is not produced from the time. The two lines do not complete each other. Whether the list is accurate is not inferred from likening the time to night.

A written order does not by itself cause the property list to be treated as attached. If the order line concerns the time, or the opening of the door, it is read only that far. If the order names no item, an item is not added. Even if it names an item, the order does not fill a list when no separate list is there. If the list was written separately, the list is read. If the item named in the order conflicts with the name on the list, the conflict is not closed.

The time line does not produce a note of exemption from attachment either. If the note sits beside the item, it is read from there. If there is no note, the time does not stand in for the note. A claim that the property exceeds the debt is not built inside the time box. A claim that the property belongs to someone else does not arise from a story that the time was dark or light. Those three subjects stay in their own articles. The time line does not build the petition for those articles.

The signature of a person who was present does not declare the time correct. If there is no time sentence beside the signature, it does not fill an empty time line. The signature is not an acceptance of the debt either. If a sentence of acceptance was written separately, that sentence is read. If it was not written, an admission is not drawn from the signature. A refusal to sign does not erase the time. If there is a sentence of refusal, what is read is that the signature is absent. The time is still on its own line.

Conclusion

Without a time line, a night attachment is not assumed. If there is no written-order line, permission is not added. Start and end do not complete each other. A range is not written from memory. The frame is on the enforcement and bankruptcy law page. The official text is the provisions of the Enforcement and Bankruptcy Law No. 2004. The contact page is there for reading the time line against the minutes.

Legislation

Frequently asked questions

If the minutes have no time, is a night attachment treated as having been made?

It is not. If the time line is empty, neither night nor day is assumed. A phone clock and memory do not fill the empty line.

If the start is written and the end is not, is an end added?

It is not added. The time that was written is read. A time that was not written is not produced from the start. A single time does not build a range.

If there is no written-order line, is there permission for the night?

If the line is absent, a permission document is not added. The time alone does not stand in for an order. If there is an order line, that line is read separately.

Does the day of the week produce a night attachment?

The name of the day does not produce a night range. The date is read. If there is no time, night is not assumed. Which day would be written separately is not turned into a list from this text when it is not on the minutes.

Is a memorised evening hour written onto the minutes?

It is not written. What is read is the time on the minutes and, if there is one, the written order. There is no time range in this text. A range is not built from an empty line.

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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