Movable property; As a legal term, it is used to describe goods that can be moved from one place to another. Goods that are portable, have an economic value and can be converted into money with this feature are called movable goods.
Sequestration It is the seizure by the collection agency of the debtor’s movable property, real estate, receivables and rights in the hands of the debtor or third parties, which are shown in the debtor’s property declaration or determined by the collection agency.
Seizure of movable property: Article 77 states;
“All kinds of movable goods shall be seized by determining their types and types, qualities, signs, numbers and quantities and estimated values in the seizure note. (Additional paragraph: 16/6/2009-5904/24 Art.) The seizure of movable goods registered in the official registry is also made by notifying the office where the registry is kept to be recorded in the registry.
The attachment notices issued by the collection offices may be notified by the creditor collection offices or through the creditor public administration in electronic environment instead of mail and this notification may be answered in electronic environment. The Ministry of Finance is authorised to determine the procedures and principles regarding the notification to be made electronically and the responses to be given electronically.”
Persons to be present during seizure and seizure memorandum;
Article 78 states;
“During the seizure, the debtor or the possessor or one of their proxies, workers, employees or members of their families shall be present on their behalf. If they are not present at the place of seizure or cannot be ensured to be present at that time, seizure is made in absentia. In seizures made in absentia, the police officer or the mukhtar or one of the members of the board of elders or two of the neighbours of the debtor or the possessor shall be present. In the seizure record issued, the date and number of the seizure warrant which is the basis of the seizure, the place, day and time of the seizure, the goods seized, their estimated values, the persons present during the seizure, the claims of third parties, if any, and other necessary matters are stated, and the seizure is completed by signing by those present.
In seizures made in absentia, a copy of the seizure shall be notified immediately to the debtor or possessor. Seizure cannot be made from sunset to sunrise and on holidays. The seizure of revenue to be made on holiday days or in places where work is carried out at night and the cases where it is understood that the debtor has smuggled goods are exempt from this provision.”
You can access our other article examples and petition examples by clicking