This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Başkasının Borcu İçin Eşyam Haczedildi: İstihkak Davası.
Where property belonging to you is attached for someone else's debt, the remedy is a third-party claim, raised at the attachment itself or within seven days of learning of it. Who has to prove what depends on whose possession the property was in when it was attached — which is why what goes into the attachment record matters more than anything that follows.
An enforcement officer attends the home; you are not the debtor, but some of the goods attached are yours. This happens constantly between family members and flatmates living at the same address.
The law provides an answer. This article sets out the deadlines, the burden of proof and what to do.
What Is a Third-Party Claim?
It is an assertion by a third party of ownership or a pledge over attached property, so that goods not belonging to the debtor are taken out of the attachment.
Where you are present at the attachment, the claim is recorded directly in the attachment record. That is the critical moment: what goes into the record is difficult to change afterwards.
Where you were not present, a third party who learns of the attachment must notify the claim to the enforcement office within seven days of learning of it.
If that period is missed the claim is as a rule not heard, so act the moment you hear of the attachment.
What to Do at the Attachment
- State your claim aloud and ask for it to be entered in the record. If the officer does not write it down, say so and have that recorded too.
- Produce the documents. Invoices, guarantee documents, card statements, bank receipts, delivery notes, the tenancy agreement.
- State whose possession the goods are in. Whose room they are in and who uses them should go into the record.
- Read the record before signing. If anything is missing, add a reservation.
- Take photographs and ask for a copy of the record.
Where the belongings of people living in the same home are mixed together, invoices are the strongest evidence. Keeping documents issued in your own name pays off directly in exactly this situation.
Who Bears the Burden of Proof?
The answer depends on whose hands the property was in, and it is the most technical part of the process.
Where the property was attached in the debtor's possession, a presumption arises that the debtor owns it. The action is then brought by the third party, who must prove that the property is theirs.
Where it was attached in the third party's possession, the presumption favours the third party. The creditor must then bring the action and prove that the property really belongs to the debtor.
In homes shared by family members, household goods are assessed by reference both to the nature of the item and to who was using it. That is why recording “which item, in whose room” matters so much.
| Property attached in the possession of | Presumption | Who brings the action | What must be proved |
|---|---|---|---|
| The debtor | The debtor owns it | The third party | That the property is the third party's |
| The third party | The third party owns it | The creditor | That the property is really the debtor's |
| Both together (a shared home) | Assessed on the facts | According to the record | Who used the item, and invoices |
The presumption is fixed by what the attachment record says about possession — which is why the record is the single most important document.
The Action and Stopping the Sale
The enforcement officer places the claim on the file and notifies the parties. If it is disputed, the file goes to the enforcement court, where the action is heard.
Bringing the action does not by itself stop the enforcement. But the enforcement court may be asked to suspend it and stay the sale. If that is granted the property is not sold; if not, the sale proceeds and any remedy afterwards is difficult.
The application to stay the sale must therefore be made together with the action. The court may require security.
If the action succeeds the attachment is lifted. If it fails the property is sold, and the claimant may be ordered to pay compensation — which is why unfounded claims are risky.
Whether you or the creditor has to prove ownership turns on what the attachment record says about whose possession the goods were in. Have your claim entered at the time, say whose room each item was in, read the record before signing, and take a copy.
Frequently Asked Questions
My property was attached for someone else's debt — what do I do?
Raise a third-party claim: at the attachment itself, asking for it to be entered in the record, or within seven days of learning of the attachment if you were not present.
Who has to prove ownership?
It depends on whose possession the property was in. Attached in the debtor's possession, the third party must prove it is theirs; attached in the third party's possession, the creditor must prove it is really the debtor's.
Does bringing the action stop the sale?
No. You must also ask the enforcement court to suspend the enforcement and stay the sale, and the court may require security.
What evidence helps?
Invoices and guarantee documents in your own name, card statements and bank receipts, delivery notes, the tenancy agreement, and a record showing whose room each item was in.
What is the risk if my claim fails?
The property is sold and you may be ordered to pay compensation, so an unfounded claim carries real risk.