In short
Distribution of enforcement monies is the distribution, among the creditors, of a collection deposited at the cashier or of a sale price. The order table draws the frame of this distribution. Joining an attachment recounts joining. Distribution is dividing the money. Who receives how much is not stated without the table and the file.
Through which channel the money enters
The money may come from a payment the debtor made to the cashier. A transfer from a bank attachment or a wage attachment also falls to the cashier. The price of a sale of a movable or an immovable is a separate channel. The reflection of the fee and of allocation is not the same for every channel. The collection fee appears on the cover. The rate of the fee is not frozen in this article.
If there is a single creditor and nobody else has joined, the distribution runs as an allocation to that creditor's claim. If more than one creditor has claimed the same money, the table comes into play. The sentence "the one who placed the first attachment takes everything" is not right in every file. Joining and a privilege change this sentence.
Which money belongs to which file is read from the file number on the receipt. A payment without a number may be entered in the wrong file. After it is entered, a correction is made by a writing of the office. An oral correction does not change the record at the cashier.
Rank and privilege
A secured claim is discussed first in the price obtained from the subject of the pledge. Items such as labour, maintenance, or a public claim may also take an upper rank on the table. Which claim is privileged is read from the basis of the claim and from the reasoning on the table. Being written with the name "maintenance" does not give rise to a privilege while there is no document. The judgment or the contract is shown.
An ordinary creditor should not expect full collection before the upper rank ends. After the upper rank closes, what remains is divided among the ordinary creditors according to the table. The division is made according to the amounts of the claims. If the amounts are written on the table, that writing is taken as the basis. A draft table and a table that has become final are not mixed. The draft may change during the objection period.
Objection, and staying silent
An objection to the table is discussed before the distribution, or within the period the statute gives. The period is read from the form of service or announcement of the table. This article does not put a number of days. The number is in the table writing in hand.
The objection may aim at the rank being built wrongly, the amount of the claim being written in error, or a creditor who should not have entered at all. Saying "I object to the table" before the aim is written leaves uncertain which item will change. The document is attached to the objection petition.
A creditor who stays silent limits the chance of taking it back once the distribution becomes final. Saying "I was there too" after finality does not of itself bring the money back. If the share was paid to the creditor who came out, a return is discussed separately. The payment receipt is kept.
Distribution and joining
Joining is the creditor's joining someone else's attachment. Distribution is how those who joined will divide the money. A share is not requested without joining. While there is no share table, joining does not mean the money was divided. The two acts may come one after the other. Their dates are separate in the file.
The sale price is discussed after the costs of custody and of the sale. It is not said, before the costs are deducted, that the whole of the sale amount passes to the creditor. The statement of costs is on the cover. If there is no statement, the share account stays incomplete.
How the table is read
If the sale or the collection was made at whichever enforcement office, the table is in that office's file. If the debtor is in Ankara and the office is in another province, the table is drawn up in that province. The office being in Çankaya does not change the office of the table. An Ankara lawyer first asks for the service annotation of the table and for the file number.
This article looks at four columns on the table. The creditor's name, the basis of the claim, its rank, and the amount. If one of the columns is empty, a share rate is not built. If there is a claim of privilege, it is looked at whether the basis document is in the annex to that line. If there is no annex, the upper rank is the subject of the objection. An ordinary creditor does not have to accept the upper rank without asking for the document. The period is in the service annotation.
A firm that has more than one file matches, with the receipt, to which of its own files the money was entered. A share that passed to the wrong file number is not treated as having closed the debt in the other file.
The share comes out to the bank account the creditor notified. The account should match the title in the request for enforcement. Money that comes out to a branch or dealer account does not close the file of the central creditor. If there is no file number on the receipt, a correction writing is asked from the cashier. Saying "my money arrived" before the correction does not show which claim closed.
A person whose name is not on the table should not expect a share. If a request to join was accepted after the table, a new table or a supplementary distribution is discussed. Money that came out according to the old table does not of itself return to a creditor who came later. Taking it back depends on a return by the creditor who was paid, or on a separate judgment. For this reason the date of joining and the date of the table stand together in the file.
If the sale price and the debtor's own payment entered the cashier at the same time, the two monies are followed separately. The office writes, item by item, which amount came from the sale and which from a payment by hand. The creditor should not take the money he collected for a single total before seeing this statement. The debtor also checks, with the same statement, how much was deducted from his debt. An incomplete statement does not show that the share closed. The cashier slip and the table line should show the same amount. If the amounts differ, a correction is asked from the office. One may be deducted from the costs, and the other may be allocated directly to the claim. A mixed single total hides how much the creditor collected. A channel statement is asked from the office.
Conclusion
Distribution of the monies is a distribution tied to the order table. Joining an attachment recounts joining; distribution recounts dividing. The habit of a single creditor is not right in every file. The rate is not stated without the original of the table. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Law No. 2004.