Enforcement & bankruptcy · Legal information

What Happens If I Do Not Give a Declaration of Assets?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Not giving the declaration of assets creates a risk of breach of the duty of notice that the payment order imposes; the result depends on service and the type of proceeding. The sentence built as "what if I do not give it" does not mean an imprisonment decision comes out on its own the next day. A sanction is not announced before service and procedure are completed. This heading comes after the neighbouring question that explains what the declaration is, and it does not freeze a number of days. The risk is understood when the service annotation, the declaration petition, and the type of proceeding on the file are read together. A list of results is not written on incomplete papers, and the question is not closed with a number of days.

Which paper the duty arises with

In non-judgment enforcement the payment order can impose on the debtor a duty to declare their assets. The duty is read together with service of the order and the declaration record in its text. The scope stands in the wording of the order and in the frame the statute draws. Items such as property, claims, and wages are not written as the same list on every paper. On the judgment route other documents can come up, and not every proceeding carries the same form, so a non-judgment order and a judgment enforcement order are not treated as copies of each other. The first place to look when a payment order arrives is the service record of the order and the declaration column. A judgment enforcement order is not a copy of this column.

Not giving it, and a wrong list

Staying silent does not carry the same risk as giving a list that hides the property in hand. The first is the notice not being made. The second is the notice that was made being contrary to the truth. A declaration contrary to the truth opens a separate debate about responsibility. That distinction sits under a declaration of assets contrary to the truth. Not giving the declaration at all can lead to the creditor's complaint or request for a sanction, but the request is not itself an imprisonment decision. The request does not turn into a result sentence without a particular minute and service. A wrong list and not declaring at all are not the same petition.

If service is defective, the period is not spoken of

The period depends on the date of service and the order of the papers. There is no day from memory here, and a step is not treated as taken before the moment of learning is read from the envelope. If service looks irregular, the debate about the period runs through the envelope, the service annotation, and the return record on the file. Irregular service is a separate question, and not every return erases the period on its own. The office address in Çankaya does not choose the enforcement office where the declaration will be given. The competent office is read from the record of the file that issued the payment order, and the return record is the document of the debate about the period.

The declaration is not a letter accepting the debt

Giving a declaration of assets does not itself mean accepting the debt without reservation. The reservation and the scope are read from the wording of the petition. The content is aimed at showing the kind of property, the right held by a third person, and the wage, within the frame the order asks for. Not every item is written at the same length in every file. A payment undertaking is a separate word. The declaration form does not stand in for the undertaking minute, and a promise of instalments is not pasted onto the declaration list. The frame of the declaration of assets stays in the definition, and the sanction route is built separately according to the papers in hand. The undertaking minute does not stand in for the declaration form.

What the sanction door looks at

The creditor can apply for breach of the duty. The application petition should show the order that was served and why the declaration is not there. The statute provides a coercive sanction in stated cases. Which case occurred is understood from the decision and the minute. A number of days is not frozen in this note. Coercive imprisonment is the general name of one of these routes. It does not mean every silence is imprisonment. An asset enquiry and attachment can continue, according to the type of file, even if the declaration is not given. The declaration is not a document that stops the attachment on its own, and a complaint petition does not stand in for the decision.

Conclusion

Not giving a declaration of assets can open a sanction door. There is no list of automatic imprisonment in this note, and the question is not closed with a number of days. The general frame stands on the Ankara enforcement lawyer page and in the text of the Enforcement and Bankruptcy Code No. 2004. A route is not chosen without the payment order, the service, and the declaration petition. A result is not announced before the three papers stand together, a day of imprisonment is not written from this gap, the question is not closed before the service annotation is read, and a route is not chosen while the declaration petition is missing.

Legislation

Frequently asked questions

If I do not give a declaration of assets, is it imprisonment at once?

There is no automatic imprisonment. The statute provides stated routes of sanction for breach of the duty; service and procedure are required. Coercive imprisonment is the general frame.

Are a declaration and a payment undertaking the same?

No. A declaration of assets is a notice of property; an undertaking is a payment plan. What a declaration of assets is makes the distinction clear.

Is giving a wrong declaration worse?

A declaration contrary to the truth carries a separate risk. That is the point of a declaration of assets contrary to the truth.

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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