How To Participate In Attachment ?
In case there is more than one attachment on the same property, participation in attachment is in question. Participation with attachment proceedings (Art. 100 of the Enforcement and Bankruptcy Law No. 2004) is possible, as well as participation without proceedings in case of the reasons specified in the law.
In order to participate in the attachment with proceedings, the debtor must be prosecuted and the conditions for attachment must be met. It should be noted that participation in foreclosure is in question until the price of the goods sold enters the execution cashier’s office. The Execution Manager examines whether the person requesting participation in foreclosure is authorized to request foreclosure. If there is a right to request attachment, the executive director shall accept the request in the presence of the conditions stipulated in Article 100 of the EBL.
The right to request attachment is lost after 1 year from the date of notification of the payment order. In case of objection or lawsuit, the period until the finalization of the judgment or until the violation of the commitment agreement in case the creditor and the debtor make commitment agreements at the enforcement office is not taken into account.
If the request for attachment is not made within the legal deadline or is not renewed within this deadline after it is withdrawn, the file is removed from the proceedings. In this case, even if only the proceeding file is removed from the process, the proceeding is not dismissed. Upon the renewal request, the creditor may request a new attachment on a different basis through the same proceeding file.
A request can be made from the enforcement directorate until the sale price of the seized property enters the execution cashier. In case of objection, the request for participation in attachment is temporarily accepted. In case of objection, the claimant must file a lawsuit against the objector. If the lawsuit results in favor, temporary participation in the attachment turns into definite participation in the attachment.