Enforcement & bankruptcy · Legal information

Are the Goods at a Debtor Company’s Workplace Attached?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question whether the goods at a debtor company’s workplace are attached is not answered by counting every crate at the door as the debtor’s goods. At a workshop, the company’s fixtures, a part the customer left in bailment, and a machine standing under financial leasing can stand side by side. The attachment minute separates them. A tenant’s goods in a dwelling are outside this subject. There is no promise of collection. Who the goods belong to is read from there if the invoice and the minute are standing.

The minute does not finish ownership

The enforcement officer writes in the minute what is seen. If the invoice of what is seen does not belong to the debtor, the minute does not finish ownership. The creditor writes in the request for attachment which goods are known. The sentence “everything at the workplace” does not make goods in bailment the debtor’s goods. Writing “seen” in the minute does not turn the invoice into the debtor’s name. The sign is not a document of ownership either.

The request should leave known goods in bailment outside. If goods left outside are still written in the minute, an annotation is entered. The annotation does not pass ownership to a third person of its own accord. The annotation shows that the debate appears in the minute. The decision is built when the minute and the invoice are placed side by side. The minute alone does not announce the crate as the debtor’s fixture. The petition does not silently add to the attachment list a good whose name does not appear in the minute.

Goods in bailment and the invoice

If a customer’s goods came in for repair, the invoice may have been issued to the customer. That invoice is not the debtor company’s fixture. Conversely, if the debtor company’s own purchase invoice is standing, a claim of bailment can be defeated by that invoice. The two documents are read side by side. Closeness, or the same street, does not change ownership. The creditor leaves goods in bailment that are known outside the request.

A machine standing under financial leasing may not be counted as the debtor’s goods even if it appears under the sign. The lease shows with whom the machine stayed. While there is no contract, the machine is not written to the debtor. If a third person says the goods are mine, the route is an ownership claim. The claim petition does not stop the sale of its own accord in every file. A delivery document can show to whom the goods were left. While there is no document, ownership is not announced.

Household goods are not this file

A tenant’s goods in a dwelling are read apart from the place where the debtor company trades. A sofa at home is not the short name of a part left in bailment at the workshop. The minutes of the two places are not pasted onto each other either. If the goods are not in the debtor’s warehouse but in a logistics depot, attachment of the depot is discussed separately. A depot slip does not take the place of the workplace minute. Which good stands in which place is read from the address of the minute.

The company’s fixtures and the customer’s goods can stand on the same shelf. The shelf does not join ownership. It is read as to the person to whom the invoice was issued. If there is no invoice, both the claim of bailment and the claim of a fixture stay incomplete. Service shows that the attachment minute reached the person concerned. While there is no service, the objection period is not completed from here. A day count is not in this text.

The address of the minute shows at which door the goods were seen. The address does not change to whom the invoice was issued. Two companies on the same street have not shared the crate on the shelf of their own accord. Which company is the debtor is read from the request for enforcement. If the request has written goods in bailment onto the list, an annotation is entered separately.

An invoice issued to the customer and the company’s purchase invoice can stand side by side for the same good. Which one belongs to that crate is separated if the description of the good appears in both documents. If there is no description, ownership is not completed either. A lease can show that the machine stayed with the lessor.

The Çankaya address does not write the goods to the debtor

An Ankara lawyer who asks who the goods belong to does not produce ownership from the Çankaya address of the office. The office in Çankaya does not take the place of the enforcement office, and it does not change the competent authority. The district name is not written in place of the invoice. The competent place is read from the proceedings’ own rule. The address of the office does not make goods in bailment the debtor’s fixture.

The minute is read with the invoice

If the attachment, the minute, and the invoice are standing, it is read from there. This article does not count the sign as a document of ownership. This article does not paste a tenant’s goods in a dwelling onto this file either.

Conclusion

A workplace attachment is read from the minute and from to whom the invoice was issued. The sign is not a document of ownership. Bailment, a hired machine, and a fixture do not join in the same sentence. The general name of attachment is in the article on attachment, and household goods are under a tenant’s goods. A third person’s claim is in the article on an ownership claim. A depot is under goods in a warehouse, and the frame is on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Is every machine standing under the sign attached?

No. Goods left in bailment that belong to a customer, a machine hired from someone else, and the debtor’s own fixtures can stand together at the workplace. If the attachment minute writes them without separating them, an objection arises.

Are the goods in a tenant’s house this article as well?

No. Whether the goods of a tenant in a dwelling are attached is a separate article. This page reads the place where the debtor company trades.

What happens if a third person says the goods are mine?

An ownership claim is the route the third person opens. The creditor can show, with an invoice and delivery, that the goods belong to the debtor. The claim petition does not stop the sale of its own accord in every file.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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