KÜHEYLAN HUKUK
Entitlement Case: If the Furniture or Vehicle in the House is Seized for Someone Else's Debt, the third party's entitlement claim, 7-day periods and proof have been updated as of 2026 within the scope of EBL Article 96-99
When the bailiff comes to the house to seize, not all the items found may belong to the debtor. The property of a spouse, child, tenant or friend may also be seized. In this case, the owner may claim that the property belongs to him. The guide explains how to claim entitlement, 7-day periods, the difference between the goods in the hands of the debtor and those in the hands of a third party, burden of proof, fees and bad faith compensation.
1. What is a Claim Case?
Claim is the claim that upon the seizure of a property, the property belongs to a third party, not the debtor. This claim begins with a statement made in the enforcement office and, if necessary, ends with a recovery lawsuit filed in the enforcement court. The purpose is to prevent the creditor from accidentally turning to someone else's property for the debt.
In practice, entitlement generally occurs in houses where spouses live together, in workplaces shared by the debtor with relatives, or in places where rented goods are located. The factor that determines whether the property belongs to the debtor or someone else during the seizure is often the possession, that is, who actually owns the property.
1. Asserting the claim: The debtor or the third party who learns of the lien must make a claim within 7 days from the date of learning. Otherwise, he loses the right to assert this claim in the same proceeding.
2. Objection period: The enforcement office notifies the claim to the creditor and debtor. The creditor and the debtor can object within 3 days. If no objection is made within the period, the claim is deemed accepted.
3. Sending to the enforcement court: If there is an objection, the file is sent to the enforcement court. The court decides whether to continue or postpone the proceedings.
4. Time to file a lawsuit: If it is decided to continue the pursuit, the third party must file a lawsuit within 7 days from the notification of the decision. If he does not open it, he is deemed to have given up his claim.
When a claim of entitlement is made, the sale of goods does not stop automatically. In order to stop the sale, a decision to postpone the execution (talik) must also be made. For this decision, the court may request a guarantee from the plaintiff.
3. The presumption varies depending on who owns the property.
If the goods are seized in the hands of the debtor Third party claiming that the property belongs to him/her The presumption of possession is in favor of the creditor; The burden of filing a lawsuit is on the third party (Art. 97)
If the goods are in the possession of a third party Creditor claiming that the property belongs to the debtor The presumption is in favor of the third party; The creditor files a lawsuit within 7 days (Art. 99)
In the case of goods held by a third party, the presumption of ownership operates in favor of that person. The creditor must prove that the property actually belongs to the debtor, for example, that it was transferred to a third party through a fraudulent transfer. For the third party who claims that the seizure address and goods do not belong to the debtor, the burden of proving that the address and goods belong to the debtor is on the creditor.
4. With what documents is it proven?
Bank receipts and payment records Rental agreement, reserved sales contract or leasing documents Shipment note, warranty certificate and insurance records Witness statements and expert examination (especially for household goods)
The debtor's acceptance of the third party's ownership claim does not bind the creditor; However, it is considered as evidence against the debtor. In the relations between spouses, the property regime and for whom the goods were purchased and with whose money they were purchased become important.
The entitlement case is heard in the enforcement civil court, with a simple trial procedure and with priority. In foreclosure cases, the fee is collected on the amount that is less than the pursuit receivable and the value of the goods. The advance fee is one quarter of this value. When determining the case value, the market value and the lien report should be taken into consideration together.
If the third party plaintiff is vindicated and the creditor objected in bad faith, compensation may be awarded at least 15 percent of the value of the goods. On the other hand, if the case is rejected and the delay caused by the postponement caused damage to the creditor, compensation of at least 20 percent of the creditor's damage may be requested. These two compensations deter the parties from unjustly prolonging the process.
In a foreclosure on a debtor's house, the television in the living room and the computer in the study were seized. The debtor's wife also lives in the house. The wife stated that the computer was purchased in her name with an invoice, and the television was for the common use of the family.
The spouse must claim entitlement and submit the computer invoice within 7 days from the date of learning of the lien. Proof becomes difficult in the case of commonly used items such as televisions; Because the property is in the hands of the debtor, the presumption works in favor of the creditor. Therefore, the spouse must try to prove his/her ownership with payment documents and witness evidence.
Can the other spouse's belongings be seized due to the spouse's debt?
Each spouse is responsible for their own assets. If it can be documented that the goods were purchased with an invoice in the name of the other spouse or that they belong to the other spouse, a claim can be made within 7 days from the date of learning about the seizure.
What happens if the 7-day period is missed?
In the same proceeding, the right to assert the claim is lost. However, the right to property does not end; A separate lawsuit may be filed according to general provisions.
Does the sale stop when a claim is filed?
No. In order for the sale to be stopped, a decision to postpone the execution is required. Guarantee may be requested for this decision.
What to do if rented or leased goods are seized?
A claim for entitlement can be made within 7 days by submitting documents showing that the property belongs to the lessor under a rental or leasing agreement.
As a creditor, not proving with evidence that the property held by a third party belongs to the debtor.
Stipend is the only means of protection for a person who is at risk of losing his property due to someone else's debt; The deadlines are short and the burden of proof is heavy. For the creditor, seizure of the wrong property means the risk of expense and compensation. Küheylan Law Firm ensures the protection of property rights and receivables by managing the entitlement claim in a timely manner on behalf of both the third party whose property is seized and the creditor; For evaluation, an appointment can be requested via info@kuheylanhukuk.com.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In enforcement and bankruptcy law, the periods are short and the consequences are heavy; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK