In short
A creditor who has had a provisional attachment placed before an action or enforcement proceedings makes a request for enforcement, or brings an action, within seven days of the attachment being applied. If the attachment was made in the debtor’s absence, the seven days run from service of the minute on the creditor. A missed period does not stretch so that it passes of its own accord into a step that keeps the attachment standing.
The seven days in the debtor’s objection to the decision are not a copy of this hour. The security for the decision, and the condition of removing property, are followed from the article on provisional attachment. This text writes which step an applied attachment is bound to.
The first period after application
Enforcement can be by way of attachment or by way of bankruptcy. Which is chosen depends on whether the debtor is a merchant and on the kind of claim. Saying “I filed a petition” before the choice is made does not stop the period. If an action is to be brought, the court is also approached within the same seven days. Leaving both open and recording neither drops the attachment.
The text of a request without a judgment is followed from the article on a request for enforcement without a judgment. How the door on a judgment is opened is followed from the article on enforcement on a judgment. The day the decision was written is not an hour on its own if the attachment was not actually applied. If the minute of application and the date of the decision conflict, the minute is taken as the basis. Service shifts the hour where the attachment was made in the debtor’s absence.
The hour that renews when an objection arrives
If the debtor objects to the payment order once enforcement is opened, the objection is served on the creditor. Within seven days of that service, the creditor asks the enforcement court to lift the objection, or brings an action in court. If the request to lift is refused, an action must be brought within seven days of pronouncement or service of the refusal. These hours are not an extension of the first seven days in which the attachment was applied.
Each hour is read from its own service document. Putting it off, on the footing that the period was missed and the action will be brought later, does not keep the provisional attachment standing. The action can be built in the form of setting the objection aside. The burden of proof is in that action’s own file. While there is no service document, the second hour is not run. The moment the decision was made known to the parties is read from whichever of pronouncement and service took place.
The month after the judgment
If the provisional attachment was placed while the action on the claim was continuing, or if the creditor has brought an action, a request for enforcement is required within one month of the court’s service of the judgment on the merits. One month does not pass in place of seven days in every file. Which paragraph is running is read from whether the attachment was placed before the action or during the action. The month does not start to run before the judgment is served.
If the creditor lets these periods pass, withdraws from the action or from the request for enforcement, the enforcement drops, the action is removed from the list and is not renewed within one month, or the creditor is held to be in the wrong in the action, the provisional attachment remains without effect. If the persons concerned ask, this dropping is notified to them. The notification does not announce the dropping of its own accord. The debtor’s objection to the decision is a separate hour.
Where the period is read from
This article reads the first seven days from the date of the attachment minute, or from service where the attachment was made in the debtor’s absence. This article separates from the second hour the document by which the objection was served on the creditor. This article looks at whether the one month that runs from service of the judgment belongs to an attachment placed during the action. The hours are not added together as if each were an extension of the other.
An Ankara lawyer who keeps the period first asks for the date of the attachment minute. The office in Çankaya does not choose the competent enforcement office. The period runs from the document of the file in whichever office the file was opened. The office address does not shift the day of application. If a piece of the service is missing, the hour is not built before the missing piece is completed.
The dropping of the attachment
If the debtor does not object to the payment order in time, if the objection is finally lifted by the enforcement court, or if it is set aside by the court, the provisional attachment turns of its own accord into an enforcement attachment. The conversion does not open a sale day. The sale is asked for separately. A dropped attachment is not treated as deleted of its own accord at the bank or at the land registry. Deletion depends on the decision being written to the place concerned.
Once the attachment drops, the security enters a debate on return. The return does not close of its own accord because the creditor opens a new enforcement. The petition should show which period was missed and on which property the attachment stood. If the list of property is not in the minute, the request that it has dropped stays incomplete. The decision writes the fate of the security separately.
Conclusion
The first hour after provisional attachment is seven days from application, or from service of the minute where it was made in the debtor’s absence. Service of the objection, and refusal of lifting, give rise to separate periods of seven days. In an attachment placed during an action, there is one month from service of the judgment. A missed period drops the attachment. The frame is on the enforcement and bankruptcy law page. The official basis is the period provisions that complete provisional attachment in the Enforcement and Bankruptcy Code No. 2004. A day count is not run without a service document.