In short
The question of how a sale is requested after attachment is answered as within one year from the attachment, and with the cost in advance. The attachment does not open the day on which the property will be sold. The request is completed by depositing in advance the whole of the valuation and the sale cost. A short cost causes the request to be treated as never made. For a vehicle registered in the registry, the cost of custody is also asked at the same time.
What the one year brings down
The period runs from the date of the attachment. For a movable, an immovable, and the debtor's claim against a third person, the statute writes the same one year. The separation in the old text, six months for a movable and one year for an immovable, is read separately, by the transitional provision, for attachments before the amendment by Law No. 7343. In a new attachment this separation is not used. If a sale is not requested within the period, the attachment on that property may fall. The claim is not erased. An attachment that fell does not mean the title or traffic annotation comes off of itself that day either. The lifting writing is followed separately. If a sale is requested within one year and the auction comes to nothing, the period extends, for the creditor who requested the sale, by one more year from the end of the first year. The extension does not pass of itself to the other creditor in the file. The second year is not a new date of attachment.
If there is no cost in advance, the request is a nullity
Together with the sale request, the whole of the valuation and the sale costs is deposited in advance. The amount in the tariff is read from the tariff in force that year. There is no lira amount in this article. An advance deposited from memory into an old file may stay short if the tariff has changed. Depositing short is not treated as a partial request. The request is treated as not made. If the period has run out in the meantime, the attachment may have fallen. The date of the advance receipt must be the same day as the date of the request petition. If the money deposited during the act does not suffice, the enforcement director gives the person requesting the sale fifteen days. If the shortfall is not completed in this period, the request is again treated as not made. Fifteen days does not stand in for the one year from the attachment. If the year has long run out, the completion period does not revive the year. For motor land vehicles registered in the registry, custody, valuation, and the sale are requested together. If the three costs are not deposited together and in advance, the request is treated as absent.
Valuation and the notice are not inside this request
When the cost is deposited, the valuation is made or renewed. An objection to the valuation is not a dismissal of the sale request. A complaint is not, of itself, a button that takes the cost back and freezes the period. The notice and the electronic auction come after the request is completed. An annulment discussed after the auction is not opened before the sale is requested. If the debtor wants to stop the sale, payment, or another ground in the statute, is assessed separately. A message of "do not request the sale" does not bring down the creditor's statutory request. If there is more than one attachment, the sale is requested from the file that placed the attachment. Another office's annotation does not open a sale day in your file. Distribution goes later to the order table.
The creditor and the debtor use the same period
The debtor may ask that the attached property be sold as soon as possible. This request is not an acceptance of the debt. The debtor's request does not, in every file, stand in for the creditor's not depositing the cost in advance. A short cost may again cause the request to be treated as absent. If the creditor missed the period, a request the debtor made earlier in proper form may keep the sale of that property alive. If nobody requested it, the attachment falls. After an attachment that fell, a new attachment is requested by looking at the period of the right to request attachment. One is the year of requesting attachment; the other is the sale year of an attachment that was placed. The document that is read is the attachment minutes, the cost receipt, and the sale-request petition. Service separates to whom the valuation report went. The decision is not treated as having started the sale while the cost is short. An invoice may show the cost of custody. An invoice does not stand in for the one year. The registry shows the annotation of the vehicle or the immovable. The registry does not produce the sale request. The minutes must write the day of the attachment. The application must show the date of the receipt with the file number. A contract may describe the nature of the property. A contract does not extend the sale period.
Where the sale-request file is read from
This article puts side by side the date of the attachment, the cost receipt, and the sale request. This article does not carry the one year outside the sale period written in the file. This article does not treat a short advance as a completed request. The office in Çankaya does not change the competent authority.
Conclusion
A sale after attachment is requested within one year, and with the cost in advance. A short advance erases the request. For a vehicle, the cost of custody is looked for at the same time. If the auction comes to nothing, the period of the person who made the request may extend by one more year. An Ankara lawyer does not write the sale year without looking at the file. The frame sits on the enforcement and bankruptcy law page. The notice sits under an electronic sale, the annotation under attachment of immovable property, the vehicle under attachment of a vehicle, and the valuation under a complaint about the valuation. The basis is the provisions of the Enforcement and Bankruptcy Law No. 2004.