Precautionary Attachment Decision and Objection Removal
Summary: Normally, foreclosure cannot be performed before the execution proceeding becomes final (before 7 days pass after notification to the debtor). However, ...
Normally, foreclosure cannot be performed before the execution proceeding becomes final (before 7 days pass after notification to the debtor). However, if the creditor convinces the court saying “The debtor is smuggling assets!”, they can obtain a “Precautionary Attachment” decision and seize all accounts and assets of the debtor overnight without the debtor’s knowledge.
1. Conditions
- Due Debt: The payment day of the debt must have arrived.
- Security: The court asks for 10-15% security from the creditor against the possibility of being unfair.
- Risk of Flight: Even if the debt is not due, a decision can be made if the debtor has no domicile or is preparing to flee.
2. Procedure Completing Precautionary Attachment
The creditor who obtains the decision must initiate execution proceedings or file a lawsuit within 10 days. Otherwise, the seizure is automatically lifted.
3. Objection to Precautionary Attachment
The debtor can object to the court that gave the decision within 7 days from the moment they learn about the seizure.
- Reasons: Objections are made for reasons such as “The court has no jurisdiction”, “The debt is not due”, “Security was not deposited”. Objection is not made to the substance of the debt (“I have no debt”), that is the subject of a negative declaratory action.
Frequently Asked Questions
Q: Can a sale be made with precautionary attachment? A: No. Precautionary attachment only puts a “Block”, prevents sale. To make a sale, the proceeding must become final (notification of payment order and passing of period without objection).
Legal Support: You can contact us for objection to unjust precautionary attachment decisions and compensation lawsuits.
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Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.