In short
The cost of preservation and of a custodian is the cost of keeping an attached movable safe. This cost arises when a vehicle, a machine, stock or household goods are not left with the debtor and are taken to a custodian or to a warehouse. Not every attachment means a warehouse by itself. As the days lengthen, the cost may be entered on the cover account. A tariff amount and a daily fee are not in this article.
The custodian and the cost are separate
The custodian is the person charged with protecting the attached property. Who they are, and how they are appointed, is in the custodian. The cost is the invoice of this protection. The fee line may be empty while the custodian's name is on the minute. The property may also still be standing with the debtor while there is a fee line. The two records are read separately.
Where the property was left is written in the attachment minute. Left with the debtor, delivered to a custodian, and taken to a warehouse, are not the same result. A warehouse fee does not arise for property left with the debtor. On a delivery to a custodian, the date of delivery is read from the minute for the start of the cost.
When a warehouse is discussed
The character of the property, its value and the creditor's request may change leaving it in place. If a vehicle stays with the debtor in working condition, a risk of removal is discussed. Taking it to a car park reduces this risk. In return, it enlarges the cost of preservation. Attachment of a vehicle is in the attachment itself. This article does not say the amount of the car-park day.
On a machine and on stock, dismantling, transport and insurance may also be items. Each item appears with an invoice that entered the file or with the office's account. It is not said that so much has accumulated when there is no invoice. The creditor wants to show on the cover the cost they paid in advance. The receipt of the payment in is kept.
Leaving it in place is the property staying in the debtor's use. Use does not justify disposing of the property without permission. Taking the property from the custodian or from the warehouse without permission gives rise to a risk of a separate complaint and of a criminal complaint. This article does not build the penalty of the offence.
How it appears on the cover
The cost may be passed on to the debtor as a cost of the enforcement. When the sale price enters the cashier, the expenses are discussed first and then the claim. The surplus money goes to the creditors in order. If there is a single creditor, the surplus is set off against that claim. If there is more than one creditor, the distribution is a separate step.
The line "custodian" on the cover may gather rent, transport and insurance in a single item. Whether the line is justified is not understood before a breakdown is asked for. In the breakdown, the number of days, the unit and the total should stand separately. If there is no unit, the debtor may ask how the account came out.
A delay of the sale lengthens the cost. When the request for sale will be made is in a request for sale after the attachment. This article does not repeat the time of that request. If the creditor enlarged the cost by delaying the request, the debtor may show this in a complaint. The delay is not counted as wrongful by itself in every file. Whether the property is ready for sale is read too.
What the debtor can do
The debtor may end the preservation by paying the debt. The payment is completed, for delivery of the property in the warehouse, with the receipt and with a writing of the office. The receipt is not by itself an order to the custodian to release the property. The office's writing of delivery is looked for.
If the cost is excessive or contrary to procedure, a complaint in enforcement is discussed. The complaint is not a copy of the article that recounts who the custodian is. In the complaint it is shown which invoice is excessive for which day. A sentence that it is very expensive may not be enough when there is no concrete line.
The debtor may also propose that the property be kept in a cheaper and safe place. The proposal is not applied before the office accepts it. The proposal is written. An oral promise does not stand in for the minute.
How the cost line is read
If the attachment was made in an office in Ankara, the minute is in that office's file. If the property went to a warehouse in another province, the warehouse address is written in the minute. The file may still stay in the office that made the attachment. The office being in Çankaya does not change the province of the warehouse. Counsel in Ankara first asks for the attachment minute and the breakdown of the cover.
This article places three dates side by side. The day of the attachment, the day of delivery to the custodian, and the day the cost started to run on the cover. If these three dates do not match each other, the difference is the document of the complaint. It is also looked at whether the plate or the machine serial number on the invoice is the same as the property in the attachment minute. A car-park slip belonging to another vehicle is not counted as the cost of this file.
If the creditor is a company, it matches the receipt of the preservation money it paid in advance with the cover. If the amount paid in is not on the cover, it asks the office to enter the item. An advance that is not entered may be lost in the set-off from the sale.
The starting day of the cost does not have to be the day of the attachment. If the property was first left with the debtor and later taken to the warehouse, the fee runs from the minute of delivery to the warehouse. The other way, if days have accumulated on the cover without the property ever going to a warehouse, the debtor shows this difference in the complaint. The attachment minute, the delivery minute and the breakdown of the cover are attached to the petition of the complaint. A claim of excess days stays weak before the three documents stand side by side. The creditor also checks, with the same three documents, whether the money paid in advance appears on the cover.
If the warehouse or the car park changes, the new address is written in the minute. If the invoice of the old address covers the days after the delivery, those days are not written into this file. The plate, the serial number or the stock list should match the property on the invoice. If there is no match, the invoice is not written onto this attachment. An invoice that does not match may belong to another attachment.
Conclusion
The cost of preservation and of a custodian is the cost of keeping after the attachment. The identity of the custodian is read separately, and the invoice is read separately. Not every attachment gives rise to a warehouse. The amount is not said without the tariff and the invoice in the file. The frame is on the enforcement and bankruptcy page. The basis is the text of Enforcement and Bankruptcy Law No. 2004.