Seizure of Pets | Enforcement Lawyer | İzmir Lawyer | Izmir Law Firm
Seizure of Pets
One of the common errors in practice is the seizure of pets as part of the debt collection process. Considering the emotional and psychological importance of pets within the family, such a procedure is clearly unlawful and difficult to reverse. Although this practice has been frequently carried out in practice, it is regulated. The Enforcement and Bankruptcy Law No. 2004 and the Animal Protection Law No. 5199 clearly state that pets cannot be seized.
Legal Regulations Regarding the Seizure of Domestic Animals
Pets and ornamental animals kept indoors or in gardens for non-commercial purposes cannot be seized due to their owner's debts.
Law No. 5199 Animal Protection Law | Madde 5 –
The following items are exempt from seizure:
4. The indebted farmer, on the other hand, owes money to himself and his family. land and farm animals essential for livelihood and means of transport and other accessories and agricultural tools; otherwise, tools, implements and books necessary for arts and crafts, and means of transport that provide a livelihood for small transport workers such as coachmen, boatmen, and porters.…
5. If necessary for the support of the debtor and his family. The debtor may provide a milk-producing buffalo or cow of his choice, or three goats or sheep, and three months' worth of feed and bedding for them.ı…
7. If the debtor is a vineyard, garden, or fruit or vegetable grower, the vineyard, garden, and tools and equipment necessary for his and his family's livelihood; if the debtor's livelihood depends solely on animal husbandry, the amount necessary for his and his family's sustenance, and three months' worth of feed and bedding for these animals.…
The bailiff evaluates whether the seizure of the requested property or rights is permissible and decides whether to accept or reject the request.
Law No. 2004 Enforcement and Bankruptcy Law Article 82 –
Limits on the Prohibition of Seizing Pets
It is possible to seize or keep domestic and ornamental animals that are bred or cared for for commercial purposes. In this context, a pet shop that sells pets can have its domestic and ornamental animals seized and taken into custody by creditors due to unpaid debts.
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