In short
When a negative declaratory action is filed, the enforcement file does not stop by itself on service of the statement of claim. The debtor may ask for a declaration that he or she is not the debtor, and that request does not by itself lift an attachment or a sale. The creditor's file does not close because the petition was served, and a request for sale is not withdrawn by that service either. A stop is read from the scope of the court's interim order, if the court has made one. Property outside that scope is not treated as stopped by this order of its own accord, and a security rate is not written anywhere other than in the order.
The petition does not stop the file
The frame of a negative declaratory action stands in the negative declaratory action. Asking for the interim measure separately stands in an interim measure in a negative declaratory action. If the order does not say that enforcement is stayed, the attachment and the sale are not withdrawn because an action was filed. If the order does say that they are stayed, the stay is not taken outside its scope, and the scope may not cover every asset under attachment. A security rate is not in this article. It is read from the text of the order, and it is not invented.
The creditor separates, from the file, the date on the service annotation, the scope of the petition that was served, and whether there is an interim order at all. While there is no order, the attachment is not treated as lifted, and a request for sale is not withdrawn because a case number was written down. Refusal of the request for an interim measure, like the statement of claim, does not close the file by itself and is not treated as having lifted the attachment.
Neighbouring doors
A stay of enforcement stands in a stay of enforcement. Recovery after collection stands in an action for recovery. A negative declaratory action is not another name for an objection whose time has been missed, and it is not put in the place of an objection petition. An objection and a declaratory claim are not squeezed into the same application. Which route was chosen is separated from the notice of service in hand, the time annotation, and the court order.
A stay depends on a separate decision that arrives during the proceedings, and the fact that a negative declaratory action has been filed does not produce that decision by itself. An action for recovery is the door for taking money back after collection has taken place, and not every judgment upholding the claim causes the collected sum to be returned. If an objection and a declaratory claim stand side by side, which one was chosen is read from the heading of the petition and from the kind of service.
The creditor's papers
The creditor builds an answer to the request for an interim measure by putting the invoice, the delivery document and, if there is one, the account on the enforcement cover into the court file. Those documents may be part of the answer, but putting a document in does not stop the file by itself. It is not promised that the action will fall while there is no document, and the result is left to the judgment. The fate of a collection made before the judgment arrives is left to the record on recovery.
If the invoice, the delivery document and the cover account conflict with one another, the answer is built without hiding the conflicting line. Putting a document in does not cause the interim measure to fall by itself, and the absence of a document does not mean the action will fall. A result spoken before the judgment does not stand in for the papers in the file and the text of the decision.
A limited interim measure
If the interim order is limited in time, the stop ends when the period written in the order ends as well. The period is read from the text of the order, and a number of days is not fixed here. If the order indicates a particular asset or a particular step, the stop stays inside that limit. A sum collected before the judgment becomes final is not treated as automatically returned when the interim measure falls.
If the order has stayed a particular step, for example the sale, the attachment record is not automatically deleted by that order. If the period is written inside the order, the end is read from that writing, and a number of days is not added here. If the security item is not in the order, this text does not write a rate for it. A rate is not invented.
Where the stop is read from
The question whether the file stops when a negative declaratory action is filed is built from whether there is an interim order.
The order in the file is this:
- The service annotation on the statement of claim.
- Whether the request for an interim measure was granted, refused, or never made.
- If there is an order, which asset or which step it stays.
- The security item, if it is written in the order, from that writing. Counsel in Ankara separately notes from the file that the office being in Çankaya does not choose the authority for the interim measure or the enforcement office. Service of the petition is not put in the place of an order lifting the attachment. The security item is read from the order's own sentence, without a rate being written, and a security rate is not invented.
Conclusion
A negative-declaratory petition does not stop the enforcement file, and the document that stops it is the interim order. An asset and a step outside the scope of the order are not treated as having stopped by themselves because an action was filed, and if a security rate is not in the order this text does not add a figure to it. The frame stands on the page for enforcement law for the debtor and the creditor. The basis is Enforcement and Bankruptcy Code No. 2004.