Enforcement & bankruptcy · Legal information

Does the Proceedings Fall of Itself When the Creditor Dies?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When the creditor dies, the proceedings do not fall of themselves. The debtor's debt is not erased by the creditor's death. A debt that is not erased does not write the heir as creditor on the file of itself either. How the heir entered the column is read from the certificate of inheritance and from the creditor endorsement. A share is not calculated from this endorsement.

The death certificate does not change the creditor column by itself. The column changes by the endorsement in the file and the document being read side by side. If there is no endorsement, the old name stands in the column.

The debt line does not close with death

The claim in the proceedings is a right standing in the deceased person's estate. Death does not zero the amount on the cover. Interest, a counsel's fee or an ancillary item written in the file is not of itself erased as the moment of death. An item that is not written in the file is not added on the pretext of death either. An item that is not added is not treated as having arisen on the cover by the heirs' request either. An item that does not arise is not hidden inside the principal claim.

Whether the file fell for another reason is read apart from the death question. If there is no falling endorsement, the file stays open. A file that stays open can also mean the creditor's name still stands in the column. The name standing is not an instruction that payment will continue to be made to that name. The instruction is read from the last endorsement in the column.

The debtor cannot read that the creditor has died as the debt having ended. The debt not having been erased does not give the debtor a right to choose the addressee either. A payment made to the relative who was chosen is read separately below. The reading does not ignore the principal claim on the cover.

Payment is made to the column in the file

A transfer made to a relative who does not appear as creditor in the file does not close the file of itself. The receipt does not become a closing document before the creditor column changes. Even if the deceased's name appears in the description on the receipt, the description is not counted as having written the heir into the column. An heir who is not written cannot use the receipt as a collection receipt.

The fate of a payment made to the cashier is read from the cashier slip. While there is no slip, closing is not assumed. If the slip was cut in the old creditor's name, the slip belongs to the moment that name stood in the column. If the column changed later, the later change does not erase the old slip. The old slip is kept. A slip that is kept does not give birth to a debt a second time against the new creditor. A second birth is not completed by absence if there is no set-off record in the file.

The debtor reads from the column to whom they will make the payment. If the column has emptied, the blank is not filled as the nearest heir. A transfer made in a blank that is not filled is not treated as having closed the file. The claim line stands in a file that does not close.

If the creditor column is a trading company, the death of a partner or a director does not erase the company from the file. If the company name stands, the death is not read with a certificate of inheritance belonging to that name. If there is a record that the company ended, the record stands separately. While there is no record, the company is not changed as the name of natural-person heirs. If the creditor is a natural person, a company record is not looked for. The two types of column do not become each other's document.

If it is written that the claim passed to someone else before the death, the transfer document is kept. If the document and the certificate of inheritance contradict each other, both stand. This text does not choose which one will enter the column. In a contradiction that is not chosen, the heir is not written of itself in the place of the transferee. Whether the file number stayed the same does not take the place of this choice either. The number is whatever it is in the file. If a new file was opened, the new number is read apart. A separate number does not of itself drop the old claim.

Entry in the creditor column

The heir shows from a document that their own name is written in the deceased's place. The document is the certificate of inheritance. The death minute does not take the place of this document. The minute is the record of the death. The record does not by itself list who the heir is. The list is in the certificate of inheritance. While there is no document, a spouse or the eldest sibling is not completed as the creditor.

If there is more than one heir, who was written in the column is read from the list in the document. The list does not build in this text how the claim is divided among whom. A division that is not built does not shrink or enlarge the amount on the cover. The amount stands together with the name of the persons written in the column. A person whose name is not on the list does not enter the column of itself.

If there is a record of an estate representative or of an official liquidation, the creditor status is in that record. While there is no record, a representative is not assumed. A representative who is not assumed is not treated as having given a petition in the heirs' name. If there is a petition, the name in the petition is compared with the list in the document. If it is not on the list, the name is not pasted onto the creditor column.

The old power of attorney is not a certificate of inheritance

The power of attorney the deceased creditor gave is not the paper by which the heir entered the file. The heir does not of itself appear as creditor on the line of the old power of attorney. The creditor column is read from the certificate of inheritance, and the representative column from a power of attorney given separately. If the two columns are mixed, the mixed line is sorted out from the order in the file. Sorting out is not a share account.

If it is written in the power of attorney that the matter will continue despite death, this sentence is read together with the new document in the file. While there is no such sentence, the old power of attorney is not put in the place of the certificate of inheritance. Even if there is a sentence, the sentence does not of itself write the heir's name into the column. The writing of the name is read by the certificate of inheritance entering the file. Before the document enters, the representative is not treated as having acted as if there were a new creditor. If there is a step that appears to have been taken, the step is read separately after the date of the document.

A change of representative and a change of creditor are not the same endorsement. The first shows the lawyer, the second the right-holder. The lawyer changing does not mean the creditor has died. The creditor's name changing does not mean the lawyer changed of itself either. Each endorsement is read from its own sentence.

A new power of attorney the heir gave does not of itself erase the line of the old power of attorney. Erasure is read from that writing if the file has a writing of dismissal or withdrawal. If there is no writing, two representative records can stand side by side. Records that stand can also be read as the representative having changed without the name in the creditor column changing. The reading separates from the endorsement which record belongs to which column. A petition that cannot separate does not change both the right-holder and the lawyer in a single sentence. A column that does not change also leaves uncertain to whom collection after the death will be written. The uncertainty is not a ground for the debtor to make the payment to the relative they wish.

If the cashier slip was cut in the new creditor's name, the slip is read together with the endorsement in the column. A slip cut while there is no endorsement is not counted as having made the heir the creditor. A slip that is not counted is not mixed with a slip cut in the old creditor's name either. If there are two slips, both are kept. Slips that are kept do not close the file twice. If the closing appears separately on the balance line of the cover, it is read from that line. If it does not appear, death has not zeroed the balance.

Attachment does not fall of itself with death

The attachment does not fall of itself because the creditor died. The lifting of the attachment is read with a separate endorsement in the file. While there is no endorsement, it is not treated as lifted. An attachment that has not been lifted does not prove that the new creditor entered the column either. The proof is in the certificate of inheritance and the creditor endorsement. If the endorsement and the attachment minute contradict each other, both are kept. The contradiction does not announce the attachment as correct or wrong.

A bank block or a salary deduction is not treated as having stopped of itself with death either. The stopping is read by the relevant writing appearing in the file. If there is no writing, the deduction is not assumed as if it were continuing in the deceased's name. A deduction that is not assumed is not counted as having passed to the heir's account either. The fate of the account comes out of the collection record in the file. If there is no record, the fate is not completed.

Attachment that goes to the spouse's property is in the article on attachment of the spouse's property. Death does not paste that guide onto the creditor column. If the claim is maintenance, the collection frame is in the article on enforcement of a maintenance debt. A maintenance sentence does not turn into another item with death.

The debtor's death does not tell this column

If the debtor dies, the proceedings stopping is in the article on enforcement proceedings when the debtor dies. The creditor's death does not rebuild here the stopping regime in that article. A period is not written into this text. If both sides have died, each death is read in its own column. The creditor column stays in this text. The debtor column is the subject of the other article. The two columns are not melted into a single sentence.

If the person you took for an heir is not in the document, the identity is separated in the article on enforcement opened against the wrong person. This text does not repeat that guide. Being a namesake does not fill the creditor endorsement. An endorsement that is not filled is not closed because the surname is one. The framework is on the enforcement and bankruptcy law page. The column endorsement and the document are placed side by side on an application through contact. While there is no endorsement, entry is not assumed.

Conclusion

The creditor's death does not erase the debt and does not drop the proceedings of itself. The heir enters the column with the certificate of inheritance. While there is no document, a name is not completed. A share is not produced. The old power of attorney does not take the place of the document. The attachment does not fall of itself with death. The basis is the provisions of Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Does the enforcement file close of itself when the creditor dies?

No. Death is not by itself a ground of falling. The claim on the cover stands. Whether the file fell for another reason is read apart from this death question.

If the creditor has died, is my debt erased?

It is not. The debt does not disappear with the creditor's death. If a payment was made to a relative who does not appear as creditor in the file, the file is not treated as having closed of itself.

I am an heir. Am I written as creditor on the file of myself?

You are not. Entry in the creditor column is read from the certificate of inheritance. While there is no document, a spouse's or a sibling's name is not completed as a list. A share rate is not calculated from this column.

Is the power of attorney the deceased gave enough for the heir?

It is not. The old power of attorney is not the paper by which the heir entered the file. If it is written separately in the power of attorney that the matter will continue, that sentence is read together with the new document. While there is no sentence, the power of attorney is not put in the place of the certificate of inheritance.

If the debtor also dies, is this article what is read?

No. The proceedings stopping on the debtor's death is in the article on enforcement proceedings when the debtor dies. This text reads the creditor column and does not build that guide.

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

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