Enforcement Of Precautionary Attachment Decisions And Innovations Introduced By The 6100 Code Of Civil Procedure

Enforcement Of Precautionary Attachment Decisions And Innovations Introduced By The 6100 Code Of Civil Procedure

ENFORCEMENT OF JUDGMENTS OF ATTACHMENT AND NEW PROVISIONS INTRODUCED BY 6100 HMK

1. According to the old CCP, the creditor who had a documented receivable would obtain a precautionary attachment order from the court and start enforcement proceedings accordingly. The bailiff would first make a precautionary attachment and seize the debtor’s goods, and then send a normal enforcement payment order. There is no change in this regard.
2. The new CCP 6100 SD closes the way for only precautionary attachment and interim injunction for receivables that are not subject to the same lawsuit. The creditor may request from the court to prevent the debtor from evading the debtor’s property in order to obtain the receivable that is the subject of the lawsuit.
number is to be able to obtain a precautionary attachment order.
3. During the course of the lawsuit, the creditor who obtains a precautionary attachment decision only with the main number will be able to request a precautionary attachment only on the debtor’s goods and receivables from third parties; however, after this precautionary attachment in the execution, it will not send a payment order as a way of follow-up. This interim injunction will remain in place until the end of the case.
4. While the old type of interim attachment order, which was issued in order to obtain the same unsued money receivable, received the same different business number from the court as the basis and decision number, the interim attachments with new basis numbers carry only the court basis number. These decisions
In the execution, the enforcement office will only send a precautionary attachment, will not proceed with enforcement proceedings and will wait.

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