A precautionary attachment decision is a type of temporary. Legal protection aimed at ensuring that the creditor obtains its receivables. When a precautionary attachment decision is made. Debtor’s goods are temporarily seized. Precautionary attachment may be decided by the court upon the request of the creditor. Court may hear the debtor party while deciding. On the precautionary attachment or may decide. On the precautionary attachment without hearing the debtor. Practice, a precautionary attachment is usually decided. Without hearing the debtor. In this case, if the court decides to hear the debtor. It may be possible for the debtor to smuggle his/her goods and render.
The enforcement proceedings or the lawsuit against him/her inconclusive before the precautionary. Attachment decision is made, and therefore a precautionary attachment decision is made without hearing the debtor. This practice, which results in favour of the creditor in terms of eliminating these drawbacks, may also lead to unfair consequences for the debtor. For example, the court may have issued a precautionary attachment decision against the debtor when the conditions for precautionary attachment have not actually been met, or the court may have issued a precautionary attachment decision even though it is not authorised to do so. In order to eliminate such drawbacks, the debtor is given the opportunity to object to the interim attachment decision. The debtor may object to the precautionary attachment in due time and have it lifted.
1. CONDITIONS OF OBJECTION TO PRECAUTIONARY ATTACHMENT
The first condition for the debtor to object to the precautionary attachment is that the precautionary attachment decision must be made without hearing the debtor. If the precautionary attachment decision is made after the debtor is heard, the debtor cannot object to this decision. According to Article 265 of the EBL;
“The debtor may object to the grounds on which the precautionary attachment is based. Jurisdiction of the court and the collateral, without being heard. By applying to the court within seven days from the date of the execution of the attachment. In the case of attachments made in his presence, otherwise within seven days. From the date of notification of the attachment report to him.”
The objection to the precautionary attachment. Can only be made based on the limited reasons listed in the text of the article. It is not possible to object for reasons other than these. Accordingly, the objection to the precautionary attachment may be made on the grounds. On which the precautionary attachment is based, it may be made with the claim. That the precautionary attachment decision was made by an unauthorised court. Or an objection may be made regarding the collateral.
Apart from the debtor, third parties. Whose interests are affected by the interim attachment may also object to the interim attachment. However, their objections cannot be related to the jurisdiction of the court. They may only object to the grounds on which the precautionary. Attachment is based and the collateral.
The debtor must attach all the documents. On which the objection is based to the objection petition.
2. TIME PERIOD FOR OBJECTION TO ATTACHMENT
Precautionary attachment must be made within the 7-day forfeiture period. The beginning of the period is calculated by accepting. The date of the imposition of the attachment in the precautionary. Attachments where the debtor is present, and the date of the notification. Of the attachment report to the debtor in the attachments made when the debtor is not present. The judge is obliged to investigate and take into consideration. Whether the objection to the interim attachment. Has been made within the time limit.
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