In short
The stopping of the sale is spoken of with a measure, a complaint, or payment. A sentence of “cancellation” by heart is not enough. The route after the auction is held is in the article on setting the auction aside.
A measure, a complaint, or payment is spoken of. A sentence of cancellation by heart is not enough.
Lifting the attachment stands separately.
The dates of the sale notice stand in the file.
Related articles: lifting an attachment.
If a sale notice has been published for your immovable, your vehicle, or another piece of property, the first work is to download from the file the auction date, the service of the valuation report, and the sale decision. Determine which act the stopping of which is wanted: the attachment, the sale preparation, or the electronic bidding? Saying that an objection was made to the sale does not stop the auction on its own. An express decision of the suitable authority may be required.
There is not a single petition for stopping an enforcement sale. Payment of the debt, the creditor’s withdrawal of the request, that the property cannot be attached, a third person’s claim of ownership, an irregular sale preparation, or a stay of enforcement in a proceeding on a judgment are different routes. After the sale is completed, what is often argued is not “stopping,” but the setting aside of the auction. This text is for general information. The concrete route cannot be determined before the stage of the file and the service records are seen.
First determine at which stage the sale file is
Placing an attachment and selling the property are not the same act. In a file going to sale, the following stages are generally found:
- The proceeding becoming final as to the debtor
- The attachment of the property, and the attachment minute
- The creditor’s sale request in time
- The deposit of the sale costs
- The valuation, and service on the interested persons
- The preparation of the sale conditions and of the notice
- The electronic bidding
- The auction, the payment of the price, and registration or delivery
The legal route that can be used is different at each stage. If the valuation has not yet become final, an objection to the value can come onto the agenda. If the sale request was not in time, the falling of the attachment can come onto the agenda. If the property belongs to a third person, a claim of ownership can come onto the agenda. If the auction has ended, the setting aside of the auction can come onto the agenda.
The following documents should be taken from the file:
- The payment order or the enforcement order, and the service document
- The finality and attachment records
- The attachment minute
- The sale request and the cost advance
- The valuation report, and its services
- The sale notice and the bidding specification
- The complaint or stopping decisions, if there are any
Acting only with the short information on the sale notice can miss an important irregularity at the earlier stage, or a period that has passed.
Payment of the debt, or an agreement with the creditor
One of the most direct routes of preventing the sale is payment of the file debt with all its accessories. Depositing the principal is not always enough. Accrued interest, the proceeding fee, the attorney fee, the valuation, and the sale costs can be added to the current account.
The payment plan should be conducted in this order:
- Take a current cover account close to the sale date.
- Ask until which hour the amount is valid.
- Make the payment to the official file account, and with the file number.
- Verify that the collection was entered in the file.
- Check the decision lifting the sale, and the update of the electronic system.
- Follow the writings necessary for the release of the attachment on the property.
A payment on the last day, or very close to the auction hour, gives birth to the risk that the technical act will not arrive in time. It should be seen that the receipt relating to the payment reached the sale unit, and that the lifting decision was given.
Making an instalment agreement with the creditor can also be possible. An instalment contract does not mean the sale will fall of itself. The creditor’s withdrawal or postponement of the sale request, the state of the existing attachment, and the result of the delay of an instalment should be determined in writing. The statement of the party should be submitted to the enforcement file.
A claim that the property cannot be attached
The statute protects some property and rights from attachment completely or in part. Tools necessary for continuing the occupation, basic household goods, certain social payments, and a house suitable to the debtor’s condition can be argued within this protection in concrete conditions. If the property cannot be attached, the prevention of its sale can also be asked.
That the property cannot be attached is, in most cases, raised by a complaint tied to a period. The date of learning the attachment, the attachment minute, and the purpose of use of the property should be documented. For example:
- For an occupational tool, that the activity cannot be continued without that tool
- For a house, fitness to the need of the debtor and of the family
- For goods, a basic living need, and the absence of other goods for the same purpose
- For money in an account, a source of wages, a retirement pension, or social assistance
The statement “this is my only house,” or “I work with this vehicle,” is not enough on its own in every case. If the value of the immovable greatly exceeds the need for a suitable dwelling, a sale and the setting aside of a share from the price can come onto the agenda. In vehicles and machines in which commercial capital is predominant, the protection of occupational goods can be assessed differently.
An objection to the valuation
The valuation forms the basis of the sale price. Assessing the immovable, the vehicle, or the machine with missing features can increase the risk of a sale at a low price. When the report is served, the objection period should be calculated carefully.
In an effective complaint against the valuation, the following headings can be found:
- A wrong area, model, equipment, or planning information
- The choice of comparables not reflecting the same area and period
- The income potential of the property, or its appurtenances, being ignored
- The technical examination not being made on site
- The change of value between the date of the report and the sale
The objection is not only writing the price the owner of the property expected. Current comparable sales, an appraisal, the registration, the title deed, and the technical documents should be submitted. The court’s having a new expert examination made can affect the process. The effect of the application on the sale should be followed from the express decision.
After the valuation has become final
Raising the same value claims again, at the sale-notice stage, against a report that was not objected to in time can be limited. If, until the sale, an important change in the nature of the property, a natural disaster, a planning situation, or an extraordinary difference of value has arisen, an argument of the current value is assessed separately. Not every market increase is an automatic ground of a new valuation.
Irregularities in the sale request and in the preparatory acts
The creditor needs to make the sale request within the statutory period and to deposit the necessary costs. If the period has been missed, the falling of the attachment can come onto the agenda. Not every inactivity in the file makes the attachment void of itself. The request and the advance records should be examined with their dates.
The writing of the essential features of the property wrongly in the sale notice, a contradiction of the bidding conditions with the statute, a lack of service on the interested persons, or problems in the electronic sale records can be a subject of complaint. In the application it should be explained how the irregularity affected participation in the auction, or the price.
A complaint application often does not stop the sale automatically. An express stopping request before the sale date, and a decision relating to this request, are required. When the decision is given, it should be checked that it was entered in time in the enforcement office and in the electronic sale system.
The ownership route if the property belongs to a third person
Not every piece of property found at the debtor’s address, or in the debtor’s possession, may belong to the debtor in law. A rented machine, a leased vehicle, goods belonging to a spouse, or a commercial deposit may have been attached. The third person who owns the property should raise the claim of ownership with evidence.
Strong evidence is the following:
- An invoice and a payment record drawn up before the attachment
- A title deed, a registration, or an official registry
- A lease, a leasing contract, a deposit contract, or a sale contract
- Accounting and fixture records
- Delivery documents that show the actual use of the property
A document without a date prepared after the attachment, or only a witness account inside the family, can be seen as weaker. The claim of ownership should be entered in the minute during the attachment, or notified in time after learning. The decision of the enforcement office relating to the continuation or the postponement of the proceeding, and then the court process, are followed.
A stay of enforcement in a proceeding on a judgment
If the sale is running in a proceeding on a judgment based on a court decision, the debtor’s applying for an appeal or for cassation against the decision does not, on its own, stop the enforcement in every case. When the conditions in the statute are formed, a stay of enforcement can be requested. In this process, a document showing that the decision was taken to the legal remedy, and in most cases suitable security, carry importance.
The steps to be followed can change according to the type of the decision:
- Checking whether the judgment can be enforced before it becomes final
- Making the legal-remedy application in time
- Taking the necessary authority document
- Determining the amount and the type of the security
- Submitting the stay decision to the enforcement file
The nature of the decision is important. The enforcement conditions of some decisions relating to the substance of an immovable, to family law, or to another field can be different. It should not be acted on with the assumption of a general money receivable.
If you claim that you are not the debtor
Even if the proceeding has become final, there can be a claim that the debt never arose, that it ended, or that it was directed at the wrong person. In suitable conditions, a negative declaratory action can come onto the agenda. Bringing the action does not stop the enforcement sale of itself. The scope of the request for a measure, the stage of the proceeding, and the statutory security conditions are assessed separately.
If a payment was made, which debt the receipt belongs to should be clear. A payment by hand, a transfer without an explanation, or a payment by a third person can create a problem of proof. The plan of the action and of the measure should be prepared well before the sale date.
Authority for the debtor to sell, and an alternative solution
The current enforcement legislation can contain methods directed at the debtor’s being able to sell the attached property on more suitable conditions, in certain conditions. This route is not the secret transfer of the property. There are procedural conditions, such as the authority the enforcement office gives, the value, and the deposit of the price in the file.
If there is a possibility of finding a buyer at a price close to the market value of the property, this method can be examined before the electronic auction. The buyer needs to know the attachment, the price needs to be transferred safely to the file, and the situation of the other right holders needs to be observed. A private sale made without authority being given does not remove the attachment.
If the auction has started, and if it has been completed
After the electronic bidding has started, the time for a stop is much more limited. Without a stopping decision, the giving of a bid in the system can continue. After the auction is completed, the setting aside of the auction comes onto the agenda, in place of a request to “stop the sale.”
The setting aside of the auction can rest on grounds such as the service, the notice, the bidding conditions, the prevention of participation, an irregular bid, or the essential nature of the property being shown wrongly. The application period, the legal interest, the harm, the security, and the sanction of an unjust application are important. Not every formal error removes the auction.
For this reason the auction minute, the electronic bid records, the sale notice, and the services should be taken completely. If registration or delivery has been made, the acquisition of a third person also enters the assessment.
Following the sale file in Ankara
A sale file for an immovable or a vehicle in Ankara can run at another enforcement office. That the sale is made in an electronic environment does not remove the competent authority and the connection of the file. The office in the text of the notice, the merits number, and the record of the sale portal should be verified.
In a valuation in Ankara, the choice of comparables can carry particular importance because of the great value differences among the districts. Saying only “prices rose in Ankara” is not enough. Real comparables relating to the same neighbourhood, quality, and period are required. Because local volume can delay the reflection of the decision in the system, the stopping decision should be checked both in the file and on the sale portal.
The last assessment
To stop an enforcement sale, first at which stage the file is, and the legal ground of the request, should be determined. Payment and an agreement with the creditor, that the property cannot be attached, the valuation, an irregularity in the sale preparation, a claim of ownership, and a stay of enforcement are not the same route. Making an application also often does not stop the sale on its own. An express decision and a technical application are required.
To understand the basis of the attachment and the lifting options, the contents how does an attachment happen? and lifting an attachment in enforcement can be examined together. This text offers general information. The auction date, the service, and the current file papers should be assessed without delay in the concrete event.
From where the sale stage is read
This article separates the sale notice from the attachment annotation. This article does not write the sale day if it is not in the file. That the office is in Çankaya does not choose the competent enforcement office is read from the file number. This article does not mix the auction with the payment record. The frame stands on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Code in the sources.
Conclusion
This article is for general information. The document, the time, and the procedure of the concrete event should be read separately. There is no promise of a result by heart.