Enforcement & bankruptcy · Legal information

Can a Foreign Debtor's Assets in Turkey Be Attached?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question whether a foreign debtor's assets in Turkey can be attached stands apart from the door of exequatur. If the asset, the account, or the branch is here, attachment is discussed here, and the type of asset sets the scope of the request. If the asset is not here, there is also no place in Turkey where an attachment would be made. The competent enforcement office is not chosen from the address of the creditor company's office, and the district where the law office stands does not by itself determine the office at the place of the asset. A passport stamp does not take the place of that place either.

Exequatur is a separate door

Enforcement in Turkey of a foreign court judgment stands in the record on exequatur. That record is the confirmation of the judgment, and this record is the asset being here. The two are not squeezed into the same petition. Which document is the basis is chosen in the file, and the asset in Turkey does not by itself fall out of proceedings just because there is no foreign judgment.

Exequatur is the foreign court judgment becoming enforceable here, and the asset standing here may not have to wait for that confirmation. An invoice drawn up in Turkey, or work performed here, is not an annex to an exequatur petition. If the two doors are folded into the same application, it is lost which document is the basis of the proceedings.

Place and attachment

The competent office is read from the record on the competent office, the general name of attachment from the record on attachment, and immovable property on the land register from the record on attachment of immovable property. An invoice issued in Turkey, or work performed here, can be the subject of proceedings without waiting for exequatur. The office is not chosen by looking at the creditor's office address. The type of asset also sets the scope of the attachment request, and a passport stamp does not take the place of that scope.

If the account is at a bank, the immovable property is on the land register, and the goods are with a third person, the route of attachment is not built in the same sentence. The competent office is not chosen from the district of the creditor's office, and a Çankaya address does not make that choice. The request rests on a document showing where the asset is. An assumed address is not enough.

Service does not erase the place of the asset

The debtor's centre abroad gives rise to service separately, and the fact that service has not been learned does not mean that the asset is not in Turkey. The asset being here does not by itself treat an envelope sent to the centre abroad as served. The two records stand side by side. A service endorsement does not take the place of the attachment minute, and the attachment minute is not treated as having completed service.

If service sent to the centre abroad has not been learned, that gap does not cause the asset in Turkey to be treated as absent. Even if the asset is here, the envelope does not become a decision that has been served by itself. The two records stand on separate lines in the file, and one does not complete the other's endorsement.

Branch and centre

If a branch appears on the register in Turkey, the branch and the centre are separated in the address for service. The asset being here does not make the centre's address abroad the address for service. The place of the asset is not read from a passport stamp. A branch record does not by itself bring all the assets at the centre into Turkey, and a registry extract does not show as existing an asset that is not there.

A branch that appears on the register can separate the address for service from the centre, and that separation does not by itself show the place of the asset. If the centre is abroad, the branch record does not make an account at the centre the subject of attachment in Turkey. If the passport stamp and the registry extract conflict, the asset is read from the document, not from the stamp.

Where the place of the asset is read from

The question whether a foreign debtor's assets in Turkey can be attached is built from the place where the asset is. Counsel in Ankara reads from the file that the office being in Çankaya does not choose the enforcement office at the place of the asset. An exequatur decision does not create an attachment when there is no asset. The petition does not write the office address as the competent office, does not treat a foreign centre address as served without a service endorsement, a passport stamp does not show the place of the asset, and a branch registration does not by itself bring the account at the centre here.

Conclusion

What is looked at with a foreign debtor is whether the asset stands in Turkey, and if there is no asset there is also no place where an attachment would be made. Exequatur does not take the place of that place, and the office address does not choose the competent office. A passport stamp does not show the place of the asset, and a branch registration does not by itself bring the asset at the centre into Turkey. An attachment request rests on a document showing where the asset is. The frame stands on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Can there be an attachment without a foreign court judgment?

An asset in Turkey can be the subject of proceedings that can be opened here. Exequatur of a foreign judgment is a separate door. It is also not said that a warehouse in Turkey can never be attached just because there is no judgment. The type of document is chosen.

If the debtor has never come to Turkey, can a file not be opened?

A stamp in the debtor's passport does not show where the asset is. If the asset, the branch, or the account is in Turkey, the proceedings are discussed here. The competent office is not chosen from the creditor's office.

Is a foreign-currency invoice this same record?

No. The exchange-rate line of a receivable in foreign currency is dealt with in a separate article. This record separates the debtor being foreign from the asset standing in Turkey.

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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