In short
The question how an objection is made to a provisional-attachment decision is answered as an application to the court that gave the decision. In an attachment given without the debtor being heard, the debtor can apply within seven days against the founding grounds, the court’s jurisdiction, and the security. The period runs from the day of application in an attachment made in the debtor’s presence, and otherwise from service of the minute. An appeal does not stop the attachment of its own accord. A day other than the day written in the file is not added.
Which grounds are written
Article 265 of the Enforcement and Bankruptcy Code writes that the examination is made only as to the grounds that are shown. That the claim is not suitable for provisional attachment, that the security is disproportionate, or that the court is not competent, are under these headings. The sentence “I have no debt” does not become a list of grounds before a document is added. The person objecting attaches the documents relied on to the petition.
If the invoice, the correspondence, the security receipt, and a copy of the decision are missing, the court looks at the file with the gap. The court invites both parties. If neither comes, it can decide on the papers. A third person whose interest is infringed can also object to the founding grounds or to the security within seven days of the date it was learned. The third person’s claim is not added to the debtor’s objection period. A new day is not written in place of these seven days.
It is not mixed with an objection to a payment order
A provisional attachment is a protection that has not yet turned into a final enforcement attachment. An objection to a payment order that comes after enforcement without a judgment is made to the enforcement office, and it can stop the proceedings. An objection to a provisional attachment is not an objection to a payment order that stops the proceedings of its own accord. The debate on jurisdiction is looked at against the character of the claim and the court where the decision was given. A decision given in Ankara does not pass of its own accord to the enforcement office of another province because the debtor is in that province. The objection to jurisdiction is written to this court.
The non-existence of the debt on the merits is spoken of in a separate action. Refusal of the objection does not count that action as brought. A contract can show the arising of the claim. The claim that the contract does not exist is not the short name of an objection to the security. If the two claims are melted in the same sentence, the period is spent at the wrong door. The service annotation shows from which day the seven days run. If there is no annotation, the period is not built with a date that is remembered.
Appeal and security
If the court accepts the objection, it can change its decision or lift it. After a refusal, the appeal route is open. The regional court of justice examines the application with priority, and the decision it gives is final. The application does not stop the application of the provisional attachment. Unless a measure is written separately in the Code for a stay, the attachment stays standing. The security is the guarantee of the risk of being held in the wrong.
The objection does not give rise to return of the security of its own accord. Before the lifting decision becomes final, the block at the bank is not opened at the same moment in every file. If the property has already been transferred, the objection does not take the transfer back. That debate is left to a separate action. The petition cannot be written as if it were a decision staying the appeal. The sentence that is written is not treated as having lifted the attachment.
How the objection is read
A copy of the decision, the service annotation, and the objection petition are read together. An Ankara lawyer separates from the objection petition that the office being in Çankaya does not change the competent authority. The objection day written in the file is kept, and a new day is not added.
The period is not built before service stands
The debtor asks, line by line, whether the attachment was learned in the debtor’s presence or by service of the minute, which court the petition went to, and which ground was written. If there is no line, the seven days do not run by guesswork. A paper left at the enforcement office is not treated as an objection before it takes a court record. The date of the application is read from the step after the service annotation. A date that is not read is not treated as having cut the period of its own accord.
What provisional attachment is, an objection to enforcement proceedings, a negative declaratory action, the competent office, and setting a disposition aside sit under separate headings. These five headings do not take the place of the objection made to the court that gave the decision. The seven days are the period written in the file and in the Code. A day other than that is not added to this text. The competent authority is read from the court that gave the decision, not from the district of the office. An appeal does not stop the attachment.
A third person’s seven days are not added to the debtor’s period. A petition written as if they were added hides the date of learning. If the invoice and the security receipt are not standing in the annex, the court looks at the file with the gap. The gap does not produce a new period. The period is not announced before the decision, the service, and the petition stand side by side. An annex to the contract does not take the place of the action that the debt never arose. The sentence that it does not take that place recalls that the objection stays limited to the grounds.
Conclusion
An objection to a provisional attachment is made in the court that gave the decision, within seven days, and within the frame of the grounds, jurisdiction, and security. It is not an objection to a payment order. An appeal does not stop enforcement. The frame sits on the enforcement and bankruptcy law page. The basis is Article 265 of Law No. 2004. The period is not built before the decision and the date of service are seen.