Enforcement & bankruptcy · Legal information

How Is an Attachment Request Made in a File That Has Become Final?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of how an attachment request is made in a file that has become final is the creditor writing to the enforcement office the asset they know, or the third person. When the proceeding becomes final, attachment does not arise on its own. Becoming final does not take the place of the request. The rate on wages, the list of assets that cannot be attached, and the sale day are not in this note.

If the request is late, the file dropping out of process is another door, and that year is not repeated here. An unknown asset is not added so that it will pass onto the attachment list on its own. An enquiry is not a guess that stands in for the request. If a plate, a block and parcel, or the employer's business name is known, it is written. If it is not known, it is not invented.

Which asset is shown in the request

Becoming final is a situation particular to the file, such as an objection not being made in time, the objection being removed, or the payment period expiring in judgment enforcement. The meaning of the word sits under the proceeding became final. The creditor asks for attachment for the balance on the cover account. The request writes the kind of asset and, if there is one, the plate, the block and parcel, the employer's business name, or the bank. An unknown asset is not invented. The office making the enquiry sits under an asset enquiry before attachment. Before the enquiry result arrives, an asset list is not built as if the result existed.

The document should carry the record on which the asset appears to belong to the debtor. If there is no document, the sentence of ownership is not widened. The petition should show, by the main number, for which file balance attachment is asked. If there is no number, a number is not invented. The decision should write which asset the attachment will be entered on. While there is no decision, a memorandum is not assumed. The application is given to the office where the proceeding was opened. An asset in another province does not itself cause the office in that province to be chosen. Jurisdiction is read from the file's own record.

The third person and the notice

A third person is someone who owes the debtor money or property. An employer for wages, a bank for a deposit, and a tenant for a rent claim can be the addressee in this frame. The notice goes to that person. The definition of the notice is under a separate heading. This note only builds the creditor's request. Service separates, from the annotation, whether the notice went to the third person. If there is no annotation, service is not assumed. If the third person's answer reports the money or property in their hands, that answer is entered on the file. A claim is not assumed because there is no answer.

The minute writes the asset shown during the attachment. Goods that are not in the minute are not sold as if they were on the list. The register may show the business name of a company debtor. The register does not give rise to the third person's debt. An invoice may show a claim issued to a third person. An invoice does not stand in for the notice. A contract may describe a lease or a service relationship. The contract does not mean the attachment was placed.

An order is chosen, and no rate is written

The creditor chooses which of the known assets to ask for first. The statute does not write a fixed queue of wages first, then the house, in every file. The rate to be deducted from wages, and the part that cannot be attached, are not in this note. Special claims such as maintenance can change the rate. That figure is not written here. On immovable property the annotation is entered on the title record. The result of the annotation, and the separation of shares, sits under attachment of immovable property. On a vehicle the traffic record is shown with the same logic. A wrong plate creates a risk of an annotation on someone else's vehicle.

In an attachment of a share, the request should show the share to be written on the annotation. Writing the whole immovable property as if the shares that are not attached were also indebted spoils the record. If there is no title record, a share is not invented. If a bank account is asked for, the bank's name should stand in the request. If there is no name, not every bank is treated as attached.

Sale, and dropping out of process, are separate

After the attachment is placed, sale is asked for separately. The time for asking for sale, and the advance cost, sit under sale after attachment. The attachment request is not itself the auction. A number of days is not added to this note. If the file is left waiting without attachment being asked for, dropping out of process comes up. The period and renewal sit under the enforcement file dropped out of process. This note does not say that year again.

That a sale notice has been issued does not close the gaps in the attachment request. If the notice put up for sale an asset that was not attached, that asset's record is read separately. The decision should show which attachment the sale rests on. If there is no basis, the auction does not stand in for the request. If a payment is entered on the file after the attachment, the balance falls. A payment that is not entered does not lift the attachment on its own.

Where the attachment is read from

The attachment request and the asset list stand side by side, and this note adds no day. A lawyer in Ankara reads from the record on the file that the office being in Çankaya does not change the competent authority. This note does not treat becoming final as the attachment being placed. This note does not write the sale period inside this request.

Conclusion

How an attachment request is made in a file that has become final is answered by showing the asset or the third person. Becoming final does not stand in for the request. A rate, a sale day, and the year of dropping out of process are not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code.

Legislation

Frequently asked questions

Is an attachment placed on its own once the proceeding becomes final?

No. The creditor asks the enforcement office for attachment and shows the asset or the third person. Becoming final does not take the place of the request.

Is wages attached first, or a vehicle?

The statute does not impose a single compulsory order on the creditor. A known asset is shown in the request. The rate on wages, and the part that cannot be attached, are on the how attachment works page.

Who asks for the sale after attachment?

Sale is a request separate from attachment. The period and the advance cost are on the sale request after attachment page. This page does not build a sale calendar.

If the request is late, does the file fall away?

When the time for asking for attachment passes, the file can drop out of process. That period and renewal are on the the file dropped out of process page. A number of years is not repeated here.

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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