What Are The Conditions For Precautionary Sequestration? Under Which Circumstances Can It Be Requested?

What Are The Conditions For Precautionary Sequestration? Under Which Circumstances Can It Be Requested?

What are the Conditions for Precautionary Sequestration? Under which conditions can it be requested?

We can examine this issue under two main headings: A) The Receivable Subject to Precautionary Attachment and B) Reasons for Precautionary Attachment. First of all, in terms of the receivable subject to precautionary attachment, the receivable must be a money receivable. In terms of the precautionary attachment request, the source of the money receivable, the reason and the document to which the receivable is attached do not matter. In summary, it must be a money receivable or a receivable that can be claimed in money.

Another condition for the receivable subject to precautionary attachment is that the receivable is not secured by a pledge. If the receivable is secured by a pledge, it is not possible to request a precautionary attachment to the extent that the value of the pledged property covers the receivable; however, a precautionary attachment may be requested for the portion that is not secured by the pledge. We would like to draw attention here that the law requires that the receivable is secured by a pledge; in other words, if the receivable is secured by a collateral other than a pledge, a precautionary attachment may be requested.

We will discuss the reasons for precautionary attachment as general and special reasons. In general, the creditor’s request for precautionary attachment differs according to whether the receivable is due or not. While precautionary attachment can be requested without seeking any conditions in terms of due receivables, for receivables that are not yet due, the lawmaker has tied it to the existence of a number of reasons for precautionary attachment to be requested.

These reasons are as follows;

– The debtor does not have a certain place of residence

– The Debtor’s Concealment, Evasion or Preparation of the Debtor’s Property for the Purpose of Evading its Obligations, or the Debtor’s Escape, or the Debtor’s Engaging in Fraudulent Acts Violating the Rights of the Creditor for this Purpose.

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