Objection To Precautionary Attachment Decision
Precautionary Sequestration
The objection shall be made to the court that issued the precautionary attachment decision. Third parties whose interests are violated may also object to the grounds on which the precautionary attachment is based or the security within seven days from the date they learn about the precautionary attachment. Third parties shall not have the right to object to the jurisdiction of the court.
TO THE JUDGE OF THE … COURT
TO THE INJUNCTION DECISION
OBJECTOR (DEBTOR) :
ADDRESS :
PROXY :
AGAINST PARTY
(CREDITOR) :
SUBJECT : It includes our request for the lifting of the precautionary attachment decision.
DEBT AMOUNT : … TL.
EXPLANATIONS :
1-) With the sales contract (Annex 1) signed between our client and the counterparty (creditor) … … on …/ …/ … date; our client purchased … lawn mower … and gave … promissory notes in equal amounts in return for the sale price of … TL.
2-) The other party (creditor) has started proceedings with the …/ …/ … E. numbered file (Annex 2) of the … Enforcement Directorate of the … Enforcement Directorate and applied to your court with the request for a precautionary attachment decision. With the file numbered …/ … E. of your court, a precautionary attachment decision was made in line with the request of the creditor. (Annex 3)
3-) Law No. 2004 on Enforcement and Bankruptcy;
Article 257 titled “Conditions for Precautionary Attachment”
“The creditor of a money debt that is not secured by a pledge and is due may have the movable and immovable property and receivables and other rights of the debtor in the debtor’s possession or in a third party seized precautionarily.
A precautionary attachment may be requested for an outstanding debt only in the following cases:
1 – The debtor has no fixed place of residence;
2 – If the debtor prepares to conceal or smuggle his goods or to flee himself, or escapes or commits fraudulent acts violating the rights of the creditor for the purpose of evading his obligations;
If a precautionary attachment is imposed in this manner, the debt shall become due and payable only in respect of the debtor.
In cases where the shipowner is only liable in a limited manner, the ship’s creditors may impose a precautionary attachment only on the goods and rights that constitute the subject of the liability. Cases where the shipowner is also personally liable are exempt from this. However, if the personal liability of the shipowner is limited to a certain amount, the ship creditors may attach the other goods of the shipowner only for this amount.
The provision of the preceding paragraph shall also apply by analogy to cargo creditors.” ,
Article 265 titled “Objection and Appeal to the Precautionary Attachment Decision”
“The debtor may appeal to the court against the grounds on which the precautionary attachment is based, the jurisdiction of the court and the collateral; in the case of attachments made in his presence, the execution of the attachment, otherwise he may appeal to the court within seven days from the date of notification of the attachment report to him.
Third parties whose interests are violated may also object to the grounds on which the precautionary attachment is based or the security within seven days from the date they learn about the precautionary attachment.
An appeal may be filed against the decision rendered upon objection. The regional court of justice shall first examine this application and its decision shall be final. The application for appeal shall not suspend the execution of the interim attachment decision.
Court shall accept or reject the objection by conducting an examination specific to the reasons shown.
The appellant shall be obliged to attach all the documents relied upon in his petition. The court may change or revoke its decision if it deems the objection to be valid, after inviting both parties and hearing them. However, if both parties do not appear, a decision shall be made by examining the documents.”
is included in the regulation.
4-) The other promissory notes subject to the main proceedings are not due; even if the promissory notes are not due, the conditions stipulated in the law for a precautionary attachment decision have not arisen on behalf of our client. On the other hand, there is no due date agreement between our client and the other party (creditor). Since the interim attachment decision was taken before the receivable became due, it has become necessary to apply to your court for the removal of the interim attachment decision given by your court with the file numbered …/ … E.
LEGAL GROUNDS : Art. 257-268 of 2004 S. Code, Art. 316 of 6100 S. Code
LEGAL EVIDENCE : …/ …/ … dated sales contract … / … / … dated sales contract … / … / … E. numbered execution file of the Execution Directorate, …. The interim attachment decision given by the Court with the file numbered …/ … E.
CONCLUSION AND REQUEST : For the reasons explained above; we respectfully request on behalf of our client that our objection to the interim attachment decision issued against our client be accepted. …/ …/ …
ANNEXES : 1- Sales Contract dated …/…/…
2- …. Enforcement Directorate …./…. Execution file numbered E.
3- …. The interim attachment decision given by the Court with the file numbered …/ … E.
4- One approved power of attorney sample.
Precautionary Attachment Decision
Appellant’s Attorney
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