Legal and Criminal Liability of the Trustee

The Concept of Trustee in Enforcement Proceedings

First, when we look at the meaning of the word "trustee," it means "The person to whom a property whose legal status is disputed among several people is entrusted until the dispute is resolved[1]." It is regulated in different parts of the Enforcement and Bankruptcy Law.

In the context of Enforcement and Bankruptcy Law, the concept of a trustee refers to the person who safeguards/custodies an asset subject to seizure until its sale, or movable property during its eviction until its return to its owner.

The Role of the Trustee in Seizure Proceedings

According to the Enforcement and Bankruptcy Law, “Seized goods are kept in licensed custodian warehouses belonging to real or legal persons authorized by the Ministry of Justice.”[2]

These seized goods are received by the warehouse clerk, an entry receipt is issued, and then a custody record is kept. This record includes all information regarding the seized goods (the goods' characteristics, weight, size, functionality, the operation of their electronic components, brand, model, type, color, and any other qualitative features).

According to the Enforcement and Bankruptcy Law, the enforcement office shall, on its own initiative, notify the relevant parties of any property stored in warehouses, garages, or with third parties acting as custodians, which is no longer legally required for safekeeping, and to retrieve it within a reasonable period. If the property is not retrieved within the given time, the enforcement officer shall sell it in accordance with the provisions regarding the sale of movable property, as per the decision of the enforcement court. The proceeds from this sale shall cover the costs of safekeeping and sale.

What is the role of a bailiff in parking lots? What is a bailiff's parking lot?

If your vehicle has been towed to a secure parking lot, there are two main reasons for this:

1. You have parked your vehicle in a no-parking zone
2. Due to the enforcement order on your vehicle

My car has been towed to the impound lot, what should I do?

First, we need to find out where your vehicle is located. To do this, https://m.egm.gov.tr/onlineislem/cekilenarac and enter your identification information and vehicle license plate number. Alternatively, you can send an SMS to 1550 by typing PARK, leaving a space, and then entering your license plate number. After completing one of these two methods, you will find out which impound lot your vehicle is in.

Of course, if your vehicle has been towed to a secure parking lot, there will be some fees. If your vehicle was towed due to a parking violation, you will pay 90 TL for the towing fee and 12 TL for the parking fee. These are the fees before a penalty notice is issued; if a penalty notice has been issued, you will have to pay that additional fee to retrieve your vehicle.

If your vehicle has been impounded due to debt or an enforcement order, it will be towed to a secure storage facility at its current market value. Your vehicle will then be offered for sale either through an auction or at a generally agreed-upon price.

How do I collect the goods from the custodian?

Your property held in escrow cannot be removed from the warehouse without a written decision from the relevant unit (Enforcement Offices) or the judicial police. After completing the necessary procedures, you can go to the escrow office with your receipt and collect your property, and a release receipt will be issued. A copy of this release receipt will be sent to the relevant enforcement office.

Trainee Lawyer Tuncay Şimşek

[1] Source: TDK, www.sozluk.gov.tr

[2] Article 88/5, first sentence of the Enforcement and Bankruptcy Law