In the enforcement proceedings initiated by the creditor through the enforcement offices, based on the unpaid debts of a debtor; There are stages of follow-up request of the creditor, sending the payment order to the debtor, finalization of the follow-up, seizure of the debtor’s goods, sale of the confiscated goods and distribution of the money obtained from the sale. With the amendment numbered 6352 dated 02.07.2012, there have been important changes in the stage of seizure of the debtor’s properties.
First of all, if we talk about the operation of the lien stage in general, the enforcement proceedings are not automatically continued after the payment order is finalized, the creditor must use the right to demand lien within 1 year from the notification of the payment order. The enforcement office must begin the seizure within 3 days from the exercise of this right. A lien is placed on the debtor’s movable, immovable properties, as well as on the receivables and rights sufficient for the creditor’s receivables. The value of the confiscated goods is appraised and recorded in the foreclosure report. If it is determined that there is no property that can be seized and this determination is recorded in the report, then the lien report will now be in the nature of a final insolvency document.
First of all, it should be clearly stated that the right of lien granted to the creditor does not mean that the entire property of the debtor can be seized. Elements (movable, immovable property, rights and receivables of the debtor) that meet the conditions under which the debtor can continue his basic life, even if at least, cannot be seized. The main purpose here is not to make the debtor dependent on the society, but to protect his economic existence, albeit within minimum limits.
With the latest changes, we can list the goods that cannot be seized as follows;
- Rights and receivables that are forbidden to be transferred by the state: family housing, old-age pension, orphan’s pension, etc.
- Borrower’s clothes, work clothes, bedding,
- Washing machine, refrigerator, dishwasher, small kitchen appliances, kitchen utensils necessary to sustain the household etc. If there is more than one white goods, the excess part can be seized.
- The clothes, tools, equipments necessary for the debtor to do his job…
- If the debtor is the farmer, the land, animals, construction machinery, agricultural tools, which provide for himself and his family,
- Animals, feed and shelters that provide for the family,
- The borrower’s food and fuel, and the farmer’s seed,
- Salaries of those who have retired from the military and the municipal police due to disability,
- SSI pensions,
- Birth allowance and death benefit allowance,
- Unemployment pension,
- Scholarships, loans and aids given by the Higher Education Credit and Hostels Institution,
- Savings in the private pension system.
Almost all goods other than these can be seized. Goods that can be considered as luxuries and which are not necessary or unessential for a person to continue his life, even if he does not have goods, can be confiscated.
In this regard, the Supreme Court accepted that “as a rule, household goods cannot be seized, but if there is more than one item that serves the same purpose, one can be seized” and in one of its decisions, “the purpose of the seizure is to ensure the collection of a debt, and its not to harass the debtor or to force him to pay by pressure.” Has been decided. (Court of Appeals 12th Civil Chamber, 10.03.2014, E.2014/4289, K. 2014/6671.)
Another point to know is; After an enforcement proceeding is made for a debt and this enforcement proceeding is finalized, the debtor whose foreclosure and preservation process has been made can request the sale of the seized movable and immovable properties by making a request from the relevant enforcement office. The right to demand the sale of the seized goods is not only given to the creditor but also given to debtor.
You can contact Yavuz Law Firm for the legal support you need regarding your enforcement proceedings that have started due to a debt or receivable.
