If a claim of appropriation is asserted during seizure, it is written in the seizure minutes by the bailiff. If the situation has not been learned during the seizure, the claim of rationing must be asserted within seven days after the seizure is learned. If the claim of appropriation is asserted in this way, the situation is notified to the creditor by the enforcement directorate. If the creditor does not object within three days, the seizure is lifted. It is a situation that should be taken into consideration since the periods in question are forfeitures.
In the event that the claim of appropriation made by the third party is objected by the debtor or creditor within three days, the enforcement directorate must immediately send the file in question to the enforcement court. The enforcement court evaluates the claim of appropriation through the file before it. In this evaluation, it is examined whether the claim of appropriation is real, sincere and convincing. Another issue taken into consideration by the court is whether the claim of foreclosure is made solely for the purpose of preventing the realization of the seizure. The period for filing a lawsuit starts upon notification of the decision of the enforcement court to the third party claiming forfeiture.
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