What is Confiscation? It refers to the collection of debt by the execution office of the state upon the application of the creditor. Interests are also charged onto the debts before this operation called confiscation. Providing attorneyship service in Kayseri, Attorney Seyit Halil Yüzgeç recommended citizens inquire whether their bank accounts or goods are confiscated to avoid such unfavourable situations.
Attorney Yüzgeç warned that the state could interfere if debtors fail to comply with the agreement with the creditor and said "In case of failure to pay the debt within the determined period; an interest is primarily charged and than a notice is communicated for the payment to be made. Confiscation proceedings may be initiated if the failure continues despite that." Underlining that citizens are required to pay the debt within 7 business days following the notice or to reach agreement with the creditor to avoid this, Mr. Yüzgeç warned; "In the event that 7 business days are exceeded, bank accounts of the debtor are automatically confiscated. Additionally, registered goods, money, valuable papers, gold, silver, antiques, valuable stones, ornaments at the house and workplace of the debtor and luxurious goods not crucial for the debtor may be confiscated."
When a confiscation is in question; support credits of the lifelong support creditor, non-material compensation claims, nonassignable right of usufruct, right of habitation, right of preemption, homesteads or matrimonial homes, rights of parents on the goods of their children may not be confiscated. In addition to these; public properties, allowances, incomes and salaries of retirees, debtor policyholders or beneficiaries due to the provisions in special laws without the consent thereof, personal and professionally necessary belongings of the debtor, highly necessary home appliances, equipment of farmers necessary for their subsistence, foods and fuels of the debtor, salaries of those maimed due to military and public security services, salaries assigned by provident funds and charities, compensations paid for damages inflicted on body and health, war disability pensions given to orphans of martyrs and veteran soldiers and monopoly lots, dwelling house of the debtor and payments made in accordance with the article 70 of the Law no. 6183 and salaries assigned as per the Law no. 2022 may not be confiscated.
Assets of the debtor which is determined to be luxurious may be confiscated. They include vehicles, house (partially), televisions, lands, watches, artwork, paintings, jewellery, copy rights, etc...
If the debtor is married, the debts or confiscation concern only the debtor. However, if one of the spouses sponsors the other for execution proceedings, their assets and, if any, ¼ of their salaries may be confiscated. That means tax obligations that are considered personal obligations are also personal and do not concern others.
Confiscation of father does not concern children if the father is alive. However, if the father and children reside in the same address known by the bank, some goods in this address may be confiscated. If children prove their belongings with invoice and register them in the lien minute, such belongings may not be confiscated. However, if the father is deceased; since children are inheritors, the debt is inherited and the bank may request the debt from directly the inheritors.
Attorney Seyit Halil Yüzgeç stated that a lawsuit must be filed before the enforcement actions are initiated and said: "Since all lawsuit files are digitally saved, it is possible to inquire on the internet. You can inquire liens after you enter your Turkish ID number and e-state password on the National Judiciary Informatics System (UYAP)."
National Judiciary Informatics System is the name of the system bringing administrative and judiciary units in the country together electronically. Everyone is able to inquire simple legal transactions on the platform since all judiciary platforms are moved to this digital platform. Liens can also be inquired on UYAP since execution files are available on this platform. You need to follow the following steps to inquire on UYAP:
CLICK to access UYAP Citizen Portal! (https://vatandas.uyap.gov.tr/main/vatandas/giris.jsp)
Attorney Seyit Halil Yüzgeç (SHY) Law Office opened its first office in 2001.
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