Enforcement & bankruptcy · Legal information

What Does a Custodian Do in an Attachment?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of what a custodian does in an attachment is where the attached movable stands until it is sold. Article 88 of the Enforcement and Bankruptcy Law separates the custody of valuables and of other movables. Other movables are taken into custody, the cost being taken in advance from the creditor. There is no fee and no day in this record. Leaving it at home does not of itself erase the attachment. A warehouse fee is not stated before the minutes are seen.

The warehouse, and leaving it with the debtor

Attached goods stand, as a rule, in licensed custodian warehouses that are authorised. The fee is read from the tariff in force. The tariff is not a figure in this text. If the creditor agrees, the property may be left temporarily with the debtor or with a third person, on condition that it is given back when it is asked for. Leaving it does not erase the attachment. If the debtor sells the property or hides it, the minutes and the undertaking to deliver are discussed separately.

A movable in a third person's hands is left with him as custodian if that person accepts. Acceptance is not an acknowledgement of ownership. The claim "this cupboard is mine" enters the ownership-claim route and is not a copy of the warehouse record. A valuable asks for custody different from ordinary household goods. The list must be written item by item in the minutes. A line of household goods does not show later which piece was taken away. An invoice does not on its own prove with whom the property stands.

A sale does not open without custody

Goods that were attached but not taken into custody are taken into custody upon the request for sale, or are made ready for delivery to the auction buyer. Otherwise the sale cannot be made. For motor land vehicles registered in the registry, the period for requesting the sale is the subject of a separate record. That period is not written into this text as a number of days. If there is no day in the file, it is not added. If the custody advance is incomplete, the request may not be treated as completed.

The advance does not of itself lift the attachment. If the debt is paid while the property is in the warehouse, lifting and return ask for a separate writing. The warehouse may not of itself take the goods out when it sees the payment. Perishable property, a live animal, or a dangerous substance is not a copy of the general warehouse. The enforcement officer assesses a suitable place separately. This exception is not spread to every piece of household goods. The petition cannot write a fee that is not in the tariff.

The custodian's responsibility

The custodian keeps the property and gives it when it is asked for. Using it, selling it, or disposing of it without telling the debtor conflicts with the minutes. A claim of damage is not tied to an amount without the delivery minutes and the warehouse record. The debtor cannot bring the attachment down by saying I will not pay the warehouse fee. Who the fee is charged to asks for a line in the cover account. Whether it will be deducted from the sale price is looked at in the file. This text does not write a lira.

The property may be in a warehouse in another province. The warehouse address does not come out of the address of the enforcement office. The place of delivery must be written in the minutes. An address that is not written is not built by a guess. A contract may show that the property was leased. A lease does not of itself leave the attachment without effect. The decision is not made before the minutes and the warehouse record stand side by side.

How the minutes are read

The attachment minutes, the warehouse record, and the delivery document are read together. An Ankara lawyer separates from the attachment minutes that the office being in Çankaya does not change the competent authority. A fee and a day are not written into this text.

A fee is not built while the minutes are absent

The creditor asks whether the property stands in the warehouse or with the debtor, whether the cost of custody was deposited, and whether the request for sale was tied to custody. If these lines are absent, the attachment is not treated as absent because the goods stayed at home. Property that was left stays attached. The sale does not open without custody or preparation for delivery. If the application writes a guessed fee in the place of the tariff, it stays incomplete. An incomplete advance does not erase the attachment.

Attachment of a vehicle, how an attachment happens, a sale after attachment, conversion of a pledge into money, and an ownership action stand under separate headings. These five headings do not stand in for the custody of a movable. The fee is read from the tariff, and it is not a figure here. A day is not added if it is not in the file. The competent authority is read from the office the attachment minutes belong to, not from the district of the office. The warehouse address does not come out of the office address.

The third person's acceptance is not an acknowledgement of ownership. A sentence taken for an acknowledgement does not close the ownership action. A valuable and ordinary household goods do not fit in the same sentence of custody. Loss of a piece is not proved before the list is written item by item. An invoice does not stand in for a lot or brand line of the minutes. The petition cannot build a warehouse fee that was not seen as if it existed. The decision is not announced as a fee while the minutes and the tariff are absent. Not depositing the advance does not mean the attachment was never placed.

Conclusion

A custodian is the custody link of an attachment of movables. Property left at home stays attached. The sale does not open without custody. There is no fee and no day here. The frame sits on the enforcement and bankruptcy law page. The basis is article 88 of Law No. 2004. A warehouse fee is not stated before the minutes and the tariff are seen.

Legislation

Frequently asked questions

If the goods stayed at home, was there no attachment?

No. If the creditor consents, the property may be left temporarily with the debtor or with a third person, to be given when it is asked for. Property that was left is treated as attached. At the sale stage, custody, or making it ready for delivery, is looked for separately.

Who does the custodian's fee belong to?

The cost of custody is taken in advance from the creditor. The amount is read from the tariff in force. There is no lira in this record. If the cost is not deposited, the property may not be taken to the warehouse, and the request for sale may stay incomplete.

Is a vehicle car park the subject of this record too?

No. A traffic annotation, seizure, and a vehicle custodian are a separate aim. For motor land vehicles registered in the registry, requesting custody together with the request for sale is tied to a special rule. That record sits under the heading of attachment of a vehicle.

Does property in a third person's warehouse count as a custodian?

When a movable in a third person's hands is attached, if the third person accepts, the property may be left with him as custodian. Acceptance does not show that the property belongs to the third person. A claim of ownership enters the ownership-claim route.

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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