The regulation on how to foreclose on goods and rights in third parties is contained in Article 89 of the IIK. According to the relevant article, the first foreclosure notice is first sent to the third party who holds the property or right (including the right to receivables) belonging to the debtor of the follow-up file. If this notice is challenged, no lien will be placed on the property or rights, but if the notice is not challenged, there is a legal presumption that the debtor’s property will be considered in the hands of a third party and embezzlement of the receivable. After the first foreclosure notice is not challenged, a second foreclosure notice is sent to the third person and then a third foreclosure notice is sent.
A property that is owned by the debtor or the third person is not in the hands of the right, if objected to the lien notice or an incorrect statement, then within fifteen days of its receipt of notice of the third lien “negative clearance Case” is not responsible for the debt by opening can prove that. This is clearly stated in the third paragraph of Article 89 of the IIK. It is understood that if the third party wins this case, he is not responsible for the requested amount and does not need to deposit it at the bailiff’s office.
If this case is not filed within the fifteen-day period related to the case of detection of a vice, the third party must leave the property deemed to be in their possession or the money deemed to be embezzled to the enforcement agency.
In accordance with the fifth paragraph of Article 89 of the IIK, the right to file an Employment claim is granted within a one-year period after the payment date in respect of a third party who believes that this payment is not based on a justifiable reason, but has paid the money to the executive cashier because it has not fulfilled or failed to fulfill the legal requirements. In this case, the follow-up debtor becomes wealthy for no reason besides the third person who has to pay this amount to the enforcement agency even though he does not have any property or rights belonging to him. In addition, an istirdat lawsuit can be filed not only against a debtor who has become rich for no reason, but also against a creditor who has put a third party in harm’s way by acting in cooperation with the debtor (malevolent).
