Enforcement & bankruptcy · Legal information

How Are a Pledge and an Attachment Separated in Enforcement of a Vehicle Loan?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

On a vehicle loan, the pledge over the vehicle is not a general attachment of the vehicle. The pledge is read from the credit contract and the pledge line on the register. A general attachment is a separate annotation, and a separate request, that can be entered on the same plate. A period that is late is not treated as having taken the vehicle into a custodian's hands at that moment. This article answers how the pledge line and the attachment annotation are separated.

It is not assumed that a pledge was created on every vehicle loan. The pledge exists if the contract and the registration record stand. If there is no record, a pledge is not added from this text. A record that is added is an annotation that does not stand on the logbook.

On the register, the pledge and the attachment are separate lines

On the logbook, the pledge and the attachment may appear on separate lines. The pledge is the record that secures the loan. The attachment annotation is the state of an enforcement attachment having been notified to the traffic register. The falling of the annotation does not erase the pledge. The lifting of the pledge is not treated as having lifted a third person's attachment annotation either. The creditor's name on the two lines may not overlap either. Names that do not overlap are not written as a single creditor.

The pledge line may have been entered when the loan was created. The attachment annotation may come later, with the notification of an enforcement file. The order of arrival does not make the two records the same act. A pledge that came first does not have the attachment that came later treated as absent. An attachment that came later has not changed the creditor of the pledge either. The debtor does not read the first line on the logbook and take the second line for the bank's pledge. The bank does not pursue its own pledge line as a third person's attachment either.

The registration, capture, and custodian links of a general attachment of a vehicle are in the article on attachment of a vehicle. This text does not repeat those links. What is read here is that the loan pledge and that attachment are not the same act. The route of turning the pledged claim into money is in the article on realisation of the pledge. The place the route is chosen is the heading of the request for proceedings. If the heading was not written, the line on the register does not complete a route that was not chosen.

The heading writes the route that was chosen

The creditor puts together the vehicle credit contract, the pledge record, and the pledge line on the logbook or the register extract. If the request chooses the route of realisation of the pledge, the heading writes that. If it chooses the route of a general attachment, the heading writes that. Choosing one does not complete the other heading by itself. A heading that was not chosen is not built with an extra sentence at the end of the petition.

Whether the route is under a judgment or without a judgment is also read from the heading and from the supporting paper. If there is no court judgment, the contract and the register are not a cover of a judgment. The separation is in the article on the difference between enforcement under a judgment and without a judgment. If there is a judgment, the text put into enforcement is the judgment. The judgment can stand without erasing the pledge line on the register. If there are two papers, the creditor writes in the request which one they showed as the basis. If they do not write it, the pledge line is not treated as having stood in for the operative part of the judgment.

A default writing does not stand in for the pledge contract. The writing may show which loan is late. The writing does not create the pledge line on the register. If the line is not on the register, the contract by itself is not treated as having entered a pledge on the logbook. If the contract wrote that a pledge would be created and the register is blank, a created pledge is not assumed. A blank register is not filled with the sentence of the contract.

The pledge is not used before the plate and the chassis overlap

On the line, the plate, the chassis, and the name of the pledge creditor are looked for. Before the name overlaps with the creditor in the request for proceedings, the pledge is not treated as used. If the plate has changed, the registration record that shows the change is looked for. The old plate is not written by itself in place of the new plate. The chassis must be the same on the logbook and on the pledge line. A different chassis is not added as this loan's vehicle. A chassis that is added is the record of another vehicle.

If more than one vehicle is registered to the same debtor, the request writes whichever plate it wants. All the vehicles are not derived from one pledge. If the pledge stands on only one plate, the other plates are not within the scope of this line. The creditor does not add a fleet list to the pledge contract and treat every vehicle on the list as pledged. If the list is not a line on the register, it does not produce a pledge.

A third person's attachment can stand on the same plate as the bank's pledge line. Its standing does not make the attachment the bank's pledge. The creditor's name on the attachment annotation and the name on the pledge line are read separately. The debtor does not melt the two names in a single objection. The objection must write which line it relates to.

The capacity of owner is not erased by the pledge

The debtor reads separately the owner, the pledge, and the attachment lines on the logbook. If the owner is the debtor, the pledge does not bring their ownership to an end at that moment. The pledge is a record that limits the owner's disposition. The record does not empty the owner box of the logbook. If the owner box has been emptied, this is read from the transfer record on the register, not from the pledge sentence. If there is no transfer record, the owner is not treated as changed.

The receipt must write whether the payment passed to the credit account or to another enforcement file. If it does not write it, the statements of the two files are matched. A payment that does not match is not treated as having brought down the pledge record. The lifting of the pledge is seen with a writing of striking off from the register. If there is no striking off, the payment is not read as having brought down the annotation. A partial payment stays on the item it shows, if the contract shows which item it was counted against. If it does not show it, the whole pledge is not treated as lifted.

On a leased vehicle, ownership is often with the lessor. This capacity is separate from the pledged owner on a vehicle loan, and it is in the article on a finance-lease claim. The lease contract is not the registration line of the loan pledge. If the logbook is registered in someone else's name, the addressee of the annotation is not changed by taking them for the debtor. The debtor does not put their own use in place of the owner box.

A capture record is not a default writing

The bank's default writing is not a record showing where the vehicle was and that it was taken. If a capture record or a custodian record is not in the file, it is not assumed that the vehicle was taken. If there is a record, the plate and the chassis must be the same as the logbook. A different plate is not written as this loan's vehicle. If the record writes who took delivery of the vehicle and where it is held, that writing is read. If it does not write it, the vehicle is not treated as with a particular custodian. A cost of keeping is read as it stands on the record and on the tariff. The cost is not added to this text as a figure.

With how many periods late the vehicle will be taken is read from the default line of the contract and from the writing in the file. The number is not in this text. A default writing is not a capture order by itself. Capture is a separate act in the enforcement file. If there is no record of the act, the writing is not treated as having towed the vehicle.

The concrete logbook, the pledge line, and the heading of the proceedings may be set side by side through contact. A line that does not come side by side is not the short name of the other.

If the vehicle was sold, the new owner is read from the transfer record on the register. The transfer does not erase the pledge before the pledge is struck off. The new owner does not change the creditor on the pledge line. If the creditor takes the old owner for a debtor after the transfer as well, they read it from that writing if the contract still writes them as a debtor. If the contract did not write the transfer as a release from the debt, the old debtor's line does not close by itself. The closing is whatever the register and the contract say together.

If a further contract bound a second vehicle to the pledge, the second plate is looked for on its own registration line. If there is no line, the further contract by itself is not treated as having entered a pledge on that plate. A suretyship note is not a pledge line either. If the surety is not the owner of the vehicle, the pledge on the logbook has not been created in their name. The surety's debt is read only if it was written separately on the suretyship paper and in the request for proceedings. This text does not turn the suretyship paper into a pledge annotation.

Traffic insurance and a comprehensive policy do not stand in for the pledge record. If the policy mentions a capacity that concerns the bank, this mention does not create a pledge while there is no line on the register. If the mention overlaps with the line on the register, the overlapping name is read. A policy that does not overlap does not give birth to an attachment annotation either.

If the pledge annotation on the same plate was struck off and entered again, the line that is read is the last registration record. If the creditor of the old annotation is not on the new line, the old name is not continued as the pledge creditor of this plate. Entering it again does not renew the attachment annotation by itself either. If the attachment stands on its own notification record, it is read separately.

Conclusion

In enforcement of a vehicle loan, the pledge is not a general attachment of a vehicle. The creditor reads the contract and the registration line. The debtor reads the pledge and the attachment line on the logbook separately. The pledge is not used before the plate and the chassis overlap. A default writing does not stand in for a capture record. The frame stands on the enforcement and bankruptcy law page. The separation of the route is read from the heading of the request for proceedings, within the frame of the Enforcement and Bankruptcy Code No. 2004. If there is no registration line, a pledge is not added.

Legislation

Frequently asked questions

Is the pledge entry on the logbook an attachment annotation?

It is not. The pledge is a record created by the credit contract and appearing separately on the register. The attachment annotation is the entry of an enforcement attachment on the traffic record. The two lines can stand on the same plate. One is not the short name of the other.

When an instalment is late, is the vehicle taken that day?

A default writing is not a tow record. That the vehicle was actually taken is read from the capture record or the custodian record. If there is no record, the vehicle is not treated as with a custodian. The number for how many instalments must be late before it is taken is not in this text.

Has a request for a general attachment used the pledge record?

It has not. A request for a general attachment does not carry by itself the heading of realisation of the pledge. Which route was chosen is read from the heading of the request for proceedings. The pledge line is not written in place of a route that was not chosen.

Is another creditor's attachment the bank's pledge?

No. A third person's attachment annotation is not the record of the pledge creditor in the credit contract. The creditor's name and the type of record are on separate lines of the logbook. The two records are not joined before the names overlap.

Are a vehicle under a finance lease and a vehicle under a loan the same paper?

They are not. In a lease, ownership often belongs to the lessor. On a vehicle loan, the debtor may be the owner over whom the pledge stands. The separation is in the article on a finance-lease claim. The logbook does not melt the two capacities on the same line.

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

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call