Enforcement & bankruptcy · Legal information

What Is Written If a Third Person Says the Property Is His at an Attachment?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If a third person says at the attachment that the property is his, this sentence is a statement line to be written beside that item. An oral statement is not itself the ownership action. The statement does not of itself take the property off the list. The third person is not treated as having spoken from the debtor's mouth. The third person's signature does not acknowledge the debtor's debt either, unless a sentence of acceptance was written separately.

Beside which item the statement falls

The minutes must show the item the third person named. If the name of the item is absent, the statement stays in the air and an item is not invented. The sentence "all of it is mine" does not of itself cover an item that was not written one by one. The scope is read as limited to the items counted in the minutes. An item that was not counted is not added. The name of a room, or the name of a floor, does not stand in for the list of items. If the place is written and the item is not, the item is not produced from the place.

If a distinguishing mark of the item is on the line, it is read. If there is no mark, a mark is not added. If there are two items of the same name, which one the statement fell on is read from the minutes if they separate them. If they do not, the two are not treated as written to that person together. A colour, a brand, or a number is read only if it was written. A mark that was not written is not completed from a photograph. If the photograph is not attached to the minutes, a photograph is not assumed.

If the statement relates to a part of the item, the part must be written separately. The sentence "the whole set is mine" does not cover a part that was not counted. If the part is not on the list, the part is not added. If the other part of the set stands on the debtor's list, that part does not pass to the third person of itself with the statement.

If there is more than one third person, each person's sentence is beside his own name. If two persons named the same item, both are read if the minutes gave a place to both statements. If they did not, the second person is not added. One person's silence does not erase the other's statement.

An oral sentence does not open an action

The statement passing into the minutes does not mean an action was filed. The action is a separate route that goes to the court. The petition and the proof of that route are in the article an ownership action. This text does not copy that guide. A period figure is not written. The statement line is not the sentence that the action was won either. The sentence that no action was filed does not mean the statement was never made either. The two are separate records.

If the property stands on the list, the list stands. The statement does not cross out the top of the list. If there is a crossing-out in the minutes, the crossing-out is read. If there is no crossing-out, the oral sentence is not treated as having erased the list. The officer's note that "I heard the statement" is not a decision on ownership. If the note writes that it was heard, it is read that far. If there is no note, it is not assumed that it was heard.

If the hour at which the statement was made is written, that line is read. If it is not, an hour is not added. The hour does not turn the statement into an action. The place line does not turn it either. The general order of an attachment is in the article how an attachment happens. This page does not repeat that order. The order does not of itself make the third person's sentence a petition in an action.

The third person does not speak from the debtor's mouth

The debtor may say this item is my sibling's. This sentence is not the third person's own statement. If the third person did not say it himself, the sentence is not completed from his mouth. If the third person said it, his name and his sentence are read. If there is no name, a person is not added. There is no method of building a statement by the debtor's direction. A false statement is not recounted. Hiding the goods is not recounted either. There is no route of holding the door. What is recounted is from whose mouth the sentence that was said passed into the minutes.

Kinship does not of itself make the statement true or false. If it is written in the minutes that the person is a spouse, a parent, a sibling, or a tenant, that capacity is read. If it is not, a capacity is not added. The capacity is not a decision on ownership. Living in the same house does not produce ownership either. If the residence is written in the minutes, it is read. If it is not, residence is not assumed.

The debtor's signature is not treated as having signed the third person's statement. The third person's signature is on his own line. If there is no signature, a signature is not added. If there is a signature, the signature is not the sentence that the debtor accepted the debt either. If the acceptance was written separately in the debtor's name, it is on that line. If it was not written, there is no acknowledgement. The third person saying the property is mine does not mean the debtor denied the debt either. A sentence about the debt is separate. If there is no separate sentence, an acknowledgement or a denial of the debt is not completed from the statement line.

If a lawyer or an employee says he spoke in the third person's name, the minutes must write this. If they do not, a power of attorney is not assumed. If the power of attorney is not in the annex, an annex is not produced. If it is in the annex, the annex is read apart from the statement sentence. The annex is not treated as having opened the action.

A paper that was shown cannot bind ownership

If an invoice, a contract, or a photograph was shown at the moment of the attachment, the minutes may write this. If they write it, it is read. If they do not, the paper is not treated as shown. The paper that was shown cannot bind the result of the action. The paper does not stand in for the statement line either. If the two stand separately, both are read. If the date of the paper is not in the minutes, a date is not added. The date does not of itself make the paper an earlier or a later document.

If to whom the invoice was issued is written, that name is read. If it is not, the name is not completed from the third person's statement. Another person's invoice is not added as the annex of this statement. If the parties to the contract are not on the line, a party is not invented. If the person in the photograph is not recognised, a person is not added. If a sentence of recognition is in the minutes, that sentence is read. If it is not, recognition is not assumed.

If it is written whether the paper is an original or a copy, it is read. If it is not, it is not said that the original was shown. A copy does not build a decision on ownership in the place of the original. The officer's note that "I saw it" does not announce the content of the paper as true. The content is limited to the words entered in the minutes. A line that was not entered is not in the file.

The list of property that is kept is in property exempt from attachment, and it is for the debtor's own property. The third person's statement is not that list. An attachment that exceeds the claim is in the article a complaint of excessive attachment. This article does not copy that complaint. Paying the debt before the sale does not arise from the third person's sentence that the property is mine. That record is in the article paying the debt before the sale. The statement is not a payment document.

The list is not erased of itself by the statement

If the list stands and the statement stands as well, the two are read side by side. One does not cause the other to be treated as absent. If the item came off the list because of the statement, the coming off must stand in the minutes as a crossing-out or as a separate sentence. If it does not, the coming off is not assumed. If the sentence of coming off is particular to one item, the other items stay on the list. An item that remains is not added to the scope of the statement by interpretation.

A custodian, or custody, does not change of itself with the statement. Whomever custody was written to, that name is read. If there is no name, the third person is not treated as the custodian. Being the custodian is not a decision on ownership. Ownership is the result of the action route. If the result is not in these minutes, the result is not added.

If the third person comes after the attachment ends and says the property is mine, this coming is not the statement line at the moment of the attachment. If the coming stands with a separate petition or minutes, it is read from that paper. If it does not, the coming is not assumed. The later paper is not treated as having taken an item off the earlier list. If the taking off was written as a crossing-out in the earlier minutes, the crossing-out is read. If there is no crossing-out, the list stands. The signature on the later paper does not turn the earlier statement into the debtor's acknowledgement.

The testimony of a person who was present during the statement cannot bind the third person's ownership. If the capacity of witness is written, the witness is read. If it is not, a capacity is not added. The witness's signature is not an announcement that the statement sentence came out true. Truth is the subject of the action route. These minutes do not conclude that route. If the result was not written, the result is not chosen from the statement sentence. A result that is not chosen does not mean the property came off the list either.

The signature box of the attachment minutes does not vote on the truth of the statement. The signature of the officer, of the police, or of the mukhtar does not announce the third person's ownership. Each signature is on its own line. If "I accept" is not written on the line, there is no acceptance. If the debtor stayed silent about an item claimed to belong to the third person, the silence is not completed as an acknowledgement. If the silence was written separately in the minutes, that writing is read. If it was not written, a finding of silence is not built.

Conclusion

An oral statement is not an ownership action. The sentence written beside the item is read. A person who was not written, and an item that was not written, are not added. The statement does not of itself erase the list. A signature is not an acknowledgement of the debt. 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 stands for reading the statement line against the minutes in the file.

Legislation

Frequently asked questions

Does the property come off the list because the third person said it is mine?

It does not come off of itself. The statement line and the list of property are read separately. If the list stands, the statement does not cross it out.

Is an oral statement an ownership action?

It is not. The action is a separate route. Its day and its proof are in the article an ownership action. This text does not copy that action. There is no number of days here.

If the debtor says it is my sibling's, does a third person's statement arise?

It does not. If the third person did not say it himself, the sentence is not completed from his mouth. The debtor's sentence stays on the debtor's line.

If an invoice was shown, does ownership become established?

It does not. If the minutes write that it was shown, that writing is read. If they do not, it is not treated as shown. An invoice does not stand in for the result of the action.

Where is it read who signed the statement?

The third person's name and signature are on his own line. If there is no name, a person is not added. The debtor's signature is not treated as having signed the third person's statement.

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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