In short
Joining an attachment is a request, after your own proceeding has become final, to join someone else's attachment; your claim is not written onto that attachment of itself. The same rank depends on showing, with a document the statute counts, that the claim arose before the first attachment. There is no joining day and no percentage in this text.
If there is no document, only a share of the surplus is discussed. This door closes after the sale price enters the cashier. The list of shares is the order table at the next step. The table does not stand in for the request to join.
To join, your own proceeding is required first
Joining does not attach a claim without a proceeding to the attachment. A proceeding must have been brought against the debtor, the proceeding must have become final, and the right to request attachment must have arisen. If an objection to the payment order stands, the right to join may stand as well. A standing objection is not treated as a final proceeding.
The first attachment is a final attachment placed in proper form. A provisional record that has not yet become final may not go to the head of the rank account by being counted as the first attachment. The date of the attachment minutes and the date of the provisional annotation should not be mixed. If they are mixed, the rank is built from the wrong date. A creditor on the route of converting a pledge into money cannot, by the same logic, join the ordinary attachment of another file before concluding the pledge. An ordinary rank is not sought before the secured route ends.
A document opens the same rank
The statute limits the creditors who may join in the same rank until the sale price enters the cashier. The limit is not built with a percentage. There is no percentage in this text. If the first attachment rests on a proceeding without a judgment, a certificate of insolvency taken from a proceeding made before that request for enforcement may enter the same rank. If the first attachment rests on a judgment, the measure is the date the action the judgment belongs to was filed. It is not a condition that the certificate of insolvency itself was drawn up before that date. What is looked for is that the proceeding the document rests on was opened earlier.
A judgment in an action filed before the same dates, an official instrument from before those dates or an instrument whose date and signature were certified, and a receipt of the competent authority in proper form, may also be a basis of the same rank. An ordinary invoice, correspondence, or a current-account statement does not on its own fill this list. If there is an instrument or a judgment first, that document is shown. A creditor who cannot enter with these documents may join only for the price left over from the previous rank. If there is no surplus, joining does not produce a promise of collection.
Where the request goes, and until when
The request is made to the enforcement office that applied the attachment. A writing in your own file of "I placed an attachment too" does not of itself operate on the other office's attachment. The two file numbers must stand side by side in the petition. The last moment is the moment the price of the property that was sold entered the enforcement cashier. This moment is not frozen as a joining day. The door is not treated as closed because the auction ended. If the price has not yet entered the cashier, the request period may not have passed. If it has entered, what is discussed, if there is one, is the table, not joining.
The enforcement office may widen the attachments to the extent that suffices for the claims in the same rank. Widening does not have to open a new sale day. A sale day is not added to this text. Joining the existing attachment is written. When the price is collected, the distribution is set out on the order table. Acceptance of the joining does not erase a privileged claim on the table. Priorities such as labour, maintenance, or a pledge stand by their own rules. Priority is not built by inventing a percentage.
A mortgage rank is not obtained by joining an ordinary attachment. The pledge on the title comes before the petition to join the attachment. If joining is refused, the route, after the refusal is learned of, may be a complaint or the action the statute shows. The day of learning is not fixed in this text. Objecting to the table while there is no refusal does not conclude the request to join.
The neighbouring records are as follows. The list of shares sits under the order table, and the placing of the attachment under how an attachment happens. The certificate of insolvency sits under a certificate of insolvency, and the pledge's own route under conversion of a mortgage into money. The joining day and the percentage are not carried from this record to those headings.
Which paper builds the rank
The document that is read is the minutes of the first attachment and the basis document that opens the same rank. The minutes must write the date of the first attachment. If there is no date, the rank is not built. A contract may show the source of the claim. If the contract is not a document the statute counts, it does not open the same rank. Service separates, from the annotation, whether the act of refusal was learned of. Service does not produce a joining day. An invoice may be an ordinary written basis. An invoice does not on its own fill the list. The petition must write the two file numbers side by side. The rank is not treated as having changed before the decision writes the joining as accepted or refused. The application should ask separately whether the price entered the cashier. The registry may show a party's title. The registry does not stand in for the date of the first attachment.
Where joining is read from
This article reads side by side the date of the first attachment, the basis document, and the cashier record. This article does not add a joining day or a percentage. An Ankara lawyer reads from the record in the file that the office in Çankaya does not change the competent authority. This article does not treat joining as a copy of the order table.
Conclusion
Joining an attachment is asking for a share from property that someone else attached. Finality of your own proceeding, the document in the statute, and the price not yet having entered the cashier, are looked for together. A joining day and a percentage are not added. The frame sits on the enforcement and bankruptcy law page. The basis is the Enforcement and Bankruptcy Law No. 2004.