Action for Recovery of Property: Reclaiming Seized Goods

When execution officers perform a seizure, they assume that the goods found in the debtor’s possession or at their home belong to the debtor (Presumption of Ownership). However, sometimes these goods belong to the mother, father, or roommate (3rd Party).

1. Claim of Pending Ownership (İstihkak İddiası)

If you say to the officer during seizure “This TV is not mine, it’s my friend’s”, this is a Claim of Ownership. The officer writes this in the minutes.

• If the creditor accepts, the goods are not seized.
• If the creditor says “He is lying” (they usually do), the goods are seized (can be taken to a trustee or left where they are).

2. Filing Period (7 Days)

The execution office tells the 3rd party (Owner of the goods) “File a lawsuit within 7 days.”

• The 3rd Party must prove that the goods belong to them (with documents like Invoice, License, etc.) by filing a Recovery of Property Lawsuit (İstihkak Davası) in the Enforcement Court.
• If the lawsuit is not filed, the goods are considered the debtor’s and are sold.

3. Burden of Proof

• Seizure at Debtor’s House: The goods are assumed to belong to the debtor. The 3rd Party must prove otherwise with conclusive evidence (Invoice in their name).
• Seizure at 3rd Party’s House: The goods are assumed to belong to the 3rd party. The creditor must prove otherwise.

Frequently Asked Questions

Q: I don’t have an invoice, can I prove it with a witness? A: It is very difficult. Written evidence (invoice, bank payment) is sought in recovery lawsuits. However, a decision can be made according to the ordinary course of life (e.g., women’s clothes are not seized for a man’s debt).

Legal Support: You can contact us for the removal of unjust seizures and follow-up on recovery lawsuits.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.