Provisional Attachment Order 2
COMPLEMENTARY PROCEDURE FOR PROVISIONAL ATTACHMENT (FINALIZATION)
The creditor must carry out the supplementary ceremony in order to convert the provisionally seized assets into final seizure and thereby obtain the authority to request their sale.
The creditor must initiate proceedings against the debtor or file a claim within 7 days of the provisional seizure decision being enforced. Otherwise, the provisional seizure decision will lapse automatically.
***If the creditor files a lawsuit or initiates enforcement proceedings within 7 days as a supplementary ceremony, the provisional seizure continues until the end of the lawsuit or enforcement proceedings. If the creditor prevails at the end of the lawsuit or enforcement proceedings, the provisional seizure becomes a final seizure, and the creditor may request the sale of the assets.
***If no objection is made to the payment order in the enforcement proceedings initiated after the provisional attachment, the provisional attachment becomes final.
***If the debtor objects to the payment order, the creditor must, within 7 days of being notified of the objection, either file a lawsuit to cancel the objection or request that the objection be lifted in order for the provisional attachment to continue.
COMPENSATION LAWSUIT ARISING FROM UNJUST PROVISIONAL ATTACHMENT
The creditor who unjustly obtained the provisional attachment decision and caused damage in this context must compensate the innocent debtor for their damages.
Conditions for the debtor to file a compensation lawsuit due to unjust attachment:
The provisional seizure decision must have been enforced,
The provisional seizure must be unjust,
Damage must have been incurred,
There must be an appropriate causal link,
Liability must be strict. (No fault is sought.)
Plaintiff: The debtor whose property has been unjustly seized or third parties who have suffered damage as a result.
Defendant: The creditor who unjustly imposed the provisional attachment on the debtor’s property.
***This lawsuit is heard in general courts.
***The competent court is the court of the creditor’s place of residence. Since it is a case of tort, it is the court where the tort occurred or the court that issued the provisional attachment order.
***The statute of limitations for a compensation lawsuit filed after an unjustified provisional attachment is two years. (Unlike provisional measures, it is two years. For provisional measures, this period is one year.) This two-year period begins from the date the decision to lift the provisional attachment becomes final.
