First Lien Notice - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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First Lien Notice

30 May First Lien Notice

Posted at 14:25h in General by
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The regulation on how to confiscate property and rights of third parties is contained in Article 89 of the IIK. The first lien notice shall be sent to the third person who holds a property or right (including the right to claim) belonging to the debtor of the follow-up file according to the relevant article. If this notice is objected to, the property or right shall not be foreclosed on, but if the notice is not objected to, there is a legal presumption that the goods belonging to the debtor shall be deemed to be in the possession of the third person and that the claim shall be deemed to be embezzled. If the first lien notice is not challenged, a second lien notice and a third lien notice are sent to the third person.

If the third person who does not possess any property or rights owned by the debtor has not objected to the foreclosure notices or has given a false notice, he may prove that he is not responsible for the debt by filing a “negative detection suit” within fifteen days of the notification of the third foreclosure notices to him. This is clearly stated in the third paragraph of Article 89 of the OIC. If the third party wins this case, it is understood that it is not liable for the amount requested and that it is not required to deposit it to the executive teller.

If this lawsuit is not filed within fifteen days of the trial for the determination of the negative, the third person is required to leave the property or the embezzled money to the Enforcement Agency.

In the fifth paragraph of Article 89 of the OIC, the right to sue for restitution is granted within one year after the date of payment in respect of the third person who believes that this payment is not based on a justified reason but who has paid the money to the execution teller for not fulfilling or failing to meet the legal requirements. In this case, the debtor of follow-up is enriched without reason by the third person who has to pay this amount to the execution office even though he does not have any property or rights of his own. In addition, the claim for restitution can be filed not only against the debtor who has prospered without reason, but also against the creditor who acts in cooperation with the debtor and puts the third person into harm (bad).

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