Enforcement & bankruptcy · Legal information

If the Claim Amount in the Proceedings Is Inflated, Which Item Is Separated?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the claim amount in the proceedings looks inflated, the total is undone first. The principal claim, accrued interest and the ancillaries are not the same total. If the three stand on a single line, it cannot be read which item inflated. This text does not give an amount example. The definition of the cover breakdown is in the article on the cover account. The definition is not repeated here.

The inflated item does not of itself make the whole file without effect. While the file stands, the line that looks excessive is separated under its own name. A line that is not separated is not melted inside the sentence that I have no debt. The reading places the principal amount in the document beside the principal-claim line in the proceedings. A document that is not placed beside it does not confirm the total.

Three names do not melt into one total

The principal claim is the principal amount the contract, the invoice or the judgment shows. Accrued interest is the ancillary that accumulated until the moment of the proceedings. The fee, expenses and the counsel's fee are separate names too. If these are written inside the principal claim and become a single number, the debtor cannot show on which line the inflation is. A place that cannot be shown does not become the target of the objection.

A debt that appears on a single line can be the combination of the three names. A combined number does not take the place of the names. An item whose name is not written is not accepted as buried inside the total. The debtor asks for the line names from the cover. If there are no names, the total is not treated as having carried all three items. A total that is not counted is not closed by being equalised with the principal amount in the document.

The comparison places the amount in the document beside the proceedings line. This text does not write an example number. The difference is not spread to the whole of the file before it is said which name is larger than the document. A difference that is spread shows both the principal and the ancillary as inflated at once. The combination that is shown does not stop a line-by-line reading.

The principal claim is read from the document

The invoice amount is compared with the principal-claim line. The invoice is not the document of accrued interest and of the fee. If there is a judgment, the amount in the operative clause is placed side by side with the principal claim in the proceedings. If the clause is not in the file, the clause amount is not completed. A word in the reasoning is not operated as the principal claim if it is not in the clause.

If there is more than one document, each document's amount stands apart. If the contract wrote a ceiling and the invoices stand item by item under that ceiling, the ceiling does not take the place of the total of the invoices. The total is read from the invoices' own amounts in the file. An invoice that is not in the file is not derived from the ceiling. An invoice that is not derived does not become the basis of the principal claim on the cover.

An instalment that does not yet appear in a document is not completed as the principal claim of these proceedings. If the instalment list stands in the contract, the list is kept. Which line of the list was written into the request is read from the sentence in the request. If there is no sentence, the whole of the list is not counted as a single debt that has fallen due. A list that is not counted is not closed by being turned into a single number on the cover. A list that is not closed can be the place where the inflation is hidden. The place is opened with the name of the line.

If the document carries two debtor names, the principal claim of this file is read with the name in the request for proceedings. The other name is not of itself carried from the invoice into this file. If the document divided the amount, the divided line is kept. If there is no division, this text does not split the amount in two. A text that does not split also does not announce the whole amount as this person's single debt. The announcement stays with the principal-claim line in the request being placed beside the document.

If only a balance appears on the cover, the balance is not a new principal claim. The balance should show from the breakdown by the deduction of which lines it remained. If the breakdown lines are missing, the balance is not counted as the principal amount in the document itself. A balance that is not counted hides the name of the inflated item. The hidden name does not come out of the attachment minute either.

Accrued interest stays on its own line

If the inflation is on the accrued-interest line, what is discussed is not the principal amount but the accumulated ancillary. How interest is requested is in the article on interest in enforcement proceedings. This text does not copy that guide and does not rebuild the start date. The interest line can look larger than the principal claim. The size does not make the interest a second name of the principal claim.

If interest was added inside the principal claim, the added part is the difference standing above the principal amount in the document. If the name of the difference is not on the cover, the difference is not read as the principal claim. This text does not build an account for a difference that is not read. An account that is not built does not mean the single total on the cover is correct either. The debtor reads by separating the principal amount from the document and the accumulated ancillary from its own line.

The sentence of interest that will run is not part of the principal claim either. The sentence is a request left to a later period. If the request is buried inside the accrued amount, the buried part is taken out under its own name. A request that cannot be taken out is not treated as having stayed inside the inflated total. A request that does not stay does not enlarge the principal amount in the document.

Invoice, receipt and a second writing

If there is more than one invoice, each invoice's amount stands apart. The total can be the invoices placed on top of one another. If one invoice was written twice while they were placed on top of one another, the inflation is in the second writing. The second writing does not give birth to a new claim. If the periods overlap, the overlapping period is shown from the document. If the period is not in the document, the period is not completed. A period that is not completed does not merge two invoices as a single invoice.

If a partial payment stands on a receipt, the amount paid may have been written into the proceedings without being deducted from the principal claim. A payment that is not deducted is a kind of inflation. If there is no receipt, a payment is not assumed. If the receipt belongs to another file, it is not treated as deducted from the principal claim of this file. The order of set-off is read in the cover breakdown. This article does not fill the order with a rule that is not in the document.

If part of the same invoice was requested in another file, the principal-claim lines of the two files are placed side by side. If a part that is not placed side by side stands in this file a second time as principal claim, the second standing is read under its own name. The other file having closed does not of itself erase the second writing in this file. Erasure is not said before it appears in the breakdown of this file.

If the inflated line rests on the same invoice in more than one file, each file's principal-claim line is read on its own cover. If a payment deducted in one file does not appear on the other file's cover, the deduction that does not appear is not carried into this file. A deduction that is not carried is understood from the file number on the receipt. If there is no number, the receipt is not treated as deducted from both files at once. If the creditor presented the total in a single writing as the debt of several files, the presentation does not merge the line names. In a presentation that is not merged, the debtor separates from the copy of the request which file requested which document. If there is no copy, the separation is not completed. A separation that is not completed does not come out of the list of property in the attachment minute either. The list of property again does not turn the principal claim and the ancillary into each other.

The fee and the counsel's fee are not buried in the principal claim

If the inflation is on the fee line, the item is left to the article on the enforcement fee. If the inflation is on the counsel's-fee line, the item is left to the article on the counsel's fee. This page does not build the petition of those two applications. Which name will be separated is read from the line name on the cover.

If the fee and the counsel's fee are presented as a single debt by being added to the principal claim, the presentation does not merge the items. The debtor asks for the three names separately. If the requested name is not in the file, the absence is not completed by guesswork. A denial indemnity is not inside this distinction. That item is the result of an unjust objection. This text does not tell its condition and does not put it in the place of the inflated principal claim.

A costs line is not the principal claim either. An expense written for service, attachment or sale is not read as part of the principal amount. If the document of the expense is not in the file, the expense amount is not derived from the document. An expense that is not derived is not treated as deducted from the principal claim or added to the principal claim. An expense that is not added does not become the explanation of the inflated total.

Attachment does not confirm the combined number

Attachment does not announce the inflated total as correct. The minute shows the property that was attached. The minute does not turn the principal claim and the ancillary into each other. A bank block or a salary writing does not make the combined number a document either. If the amount deducted does not show from which item it was deducted, the items are not treated as separated. A deduction that is not separated does not make the inflated line correct.

The office where the file is heard does not put the combined number in the place of the document. The framework is on the enforcement and bankruptcy law page. The contact record stands for separating the name of the inflated line. While there are no line names, the total is not equalised to the amount in the document.

Conclusion

If the claim amount in the proceedings is inflated, what is separated is not a single total but the principal claim, accrued interest and the ancillaries. An amount example is not written. Attachment cannot confirm the combined number. If the invoice, the receipt and the operative clause do not stand in the file, a paper that does not stand is not completed from this text. The basis is on Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Is a debt that appears on a single line the principal claim itself?

A single line may have merged the principal claim, accrued interest and the ancillaries. A combined number does not take the place of the three names. An item whose name is not written is not accepted as buried inside the total.

If the invoice amount is smaller than the amount of the proceedings, does the whole file fall?

The invoice is compared with the principal-claim line. The difference can also stand on the accrued-interest or costs line. A result is not said for the whole of the file before it is separated which name is larger than the document. There is no amount example in this answer.

How is accrued interest separated from the principal claim?

Accrued interest is the ancillary that accumulated until the day of the proceedings. It is not a second name of the principal amount. How interest is requested is in the article on interest. This answer does not write a rate.

Are the fee or the counsel's fee inside the inflated total?

The fee and the counsel's fee carry their own names. The fee stands in the article on the enforcement fee, and the counsel's fee in the article on the counsel's fee. This text does not build those petitions. A cost whose name does not appear is not counted as added to the principal claim.

If an attachment was placed, is the inflated amount counted as correct?

The attachment minute shows the property. The minute does not turn the principal claim and the ancillary into each other. The inflated line is read under its own name after the attachment too.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call