What are the Conditions of the Preliminary Seizure? Under What Conditions Can It Be Requested? We can examine this issue under two main headings: A) Claims Subject to Precautionary Seizure and B) Reasons for Precautionary Seizure. First of all, in terms of the receivable subject to the lien, the receivable must be a money receivable. […]
Execution of the Precautionary Seizure Decision Within ten days from the date of the provisional attachment decision, the creditor must request the execution of the provisional attachment decision. If the creditor does not want the execution of the lien within ten days, the lien will be lifted automatically and will not be enforceable later. The […]
Precautionary lien is an institution that is frequently used in enforcement law. You must present the source of the injunction and your reasons with a petition to the court of law. In this article, known for his writings in the field of enforcement law, Atty. Saim İNCEKAŞ shared “precautionary attachment petition samples” for various situations. […]
………….. TO THE JUDICIARY OF THE COMMERCIAL COURT OF FIRST INSTANCE IN CASE OF LIABILITYFOUND (CREDITOR):…………………..(T.C Identity Number:…………………) ATTORNEY: Atty. OPPONENT PARTY (DEBT) : ……………………. (TC Identification number:…………………)…………………………………./ISTSUBJECT : It consists of a precautionary lien request.AMOUNT OF RECEIVABLE :30.000.00 TL DESCRIPTIONS :1- Given to the client by the debtor ………… with a term of ../../2015, […]
XXXXXXX ( ) TO THE COMMERCIAL COURT OF FIRST INSTANCE JUDGE IN CASE OF LIABILITY FOUND (CREDITOR): Name Surname TR and Address ATTORNEY: Atty. OPPONENT PARTY (BOWER): Name Surname TR or Title and Address SUBJECT : It consists of submitting our lien request. AMOUNT OF RECEIVABLE: XXXXXX TL DESCRIPTIONS : 1- The bill given to […]
APPEAL APPLICATION AGAINST THIRD PARTY ALLEGED CLAIM ………….TO THE CIVIL EXECUTIVE COURT CLAIM:……. ATTORNEYS :……. DEFENDANTS:……. SUBJECT : Request to Send the File to the Court of Enforcement Judge CASE VALUE: … TL EXPLANATION AND REASONS: The debtor of the file resides in … District, … Street, … Street, … Apartment, No: … ….. / […]
T.R. SUPREME COURT Legal DepartmentBasis: 2016/4219Decision: 2016/6890Decision Date: 22.06.2016 REQUEST FOR COLLECTION OF INSTITUTIONAL DAMAGES – IMPOSSIBILITY OF THE IMPOSSIBILITY OF THE PROVISION TO BE TAKEN JOINTLY FROM THE DEFENDANTS AND GIVEN TO THE PLAYER ON THE BASIS OF THE AMOUNT STATED FOR EACH ATTENDANT – H SUMMARY: Considering the principles regarding the scope of […]
T.R. SUPREME COURT Law OfficeBasis: 2016/10162Decision: 2016/10473Decision Date: 14.06.2016 CASE CAUSED BY FOREWORD – APPEAL EXAMINATION CAN BE MADE, THAT THE VALUE OF THE PROPERTY OR RIGHT REFERRED BY THE EXECUTIVE COURT DECISION CANNOT EXCEED THE DETERMINED AMOUNT – RESERVED PROPERTY VALUE OF THE PROPERTY SUMMARY: In accordance with the 1st article of the EHR […]
T.R. SUPREME COURT Law OfficeBasis: 2016/9792Decision: 2016/10477Decision Date: 14.06.2016 ACTION FOR APPLICATION – VALUE OF APPLICABLE RESERVATIONS IS UNDER THE LEGAL LIMIT – REJECTION OF APPLICATION SUMMARY: In the concrete case, the value of the objections subject to appeal is below 6.310.00 TL. In this case, since the provision is final, the appeal petition must […]
T.R. SUPREME COURT Law OfficeBasis: 2016/9690Decision: 2016/10437Decision Date: 14.06.2016 PROCEDURE ACTION – WARRANTIES OF THE VALUE OF THE PROPERTY OR RIGHT RESERVED BY THE EXECUTIVE COURT DECISION FOR APPLICABLE EXECUTION IN FOLLOW-UP DECISIONS RELATING TO RECRUITMENT ACTIONS SUMMARY: In order to be able to make an appeal review in remuneration cases and follow-up decisions regarding […]
