
In short
Dismissal does not mean the proceedings have fallen. When the creditor removes the representative from the task, the enforcement file does not close. The party is the creditor. The representative is the person who acts in their name. Before the dismissal document is entered on the file, the office is not treated as having erased the old representative's authority. To whom the counsel's fee belongs is read on a line separate from the proceedings staying on foot.
From which paper the dismissal record arises
Dismissal is the creditor taking back the authority to represent that they gave the representative. The enforcement office sees this from the dismissal document submitted to the file. While there is no document, a sentence said on the telephone or a message sent to the debtor does not change the representative's name on the record. While the old name stands, another person's petition is not counted as the creditor's request for attachment.
Dismissal does not take back the payment order, an attachment that was placed and a period that has run. These are the creditor's proceedings. When the representative's name falls from the cover, the debt does not fall too. If there is no waiver document, a waiver result is not added to the dismissal paper. A waiver is a separate will that ends the proceedings or the claim. One is not written in the other's place before the two papers stand side by side.
The dismissal paper should show which lawyer's and which creditor's name it carries. If there is no name, all the representatives in the file are not treated as dismissed. If more than one file is mentioned with the same general sentence, which reference is meant is read from the document. If the reference is not written, the sentence is not completed as the endorsement of the file in hand. The date the document entered the office and the date the document was drawn up are separate. From which moment the authority will be read is looked for from the endorsement entered on the file. While there is no endorsement, the drawing-up date does not by itself erase the name on the record.
Dismissal is not a death certificate. The death of the creditor or the debtor is not written as the representative being removed from the task. Where the proceedings will stop when the debtor dies is in the article on the debtor's death. This text does not build that stopping. Dismissal does not give birth to, and does not erase, the surety of an undertaking in the file either. That status is in the article on an enforcement surety. The signature on the surety minute is not turned into the representative's signature with the dismissal paper.
With whose signature the request runs
Collection, attachment and sale are requested by the person who appears authorised in the file. After the dismissal is entered, the old representative's new petition may not be entered as the creditor's request. The creditor can apply themselves. For someone else to apply, the new power of attorney needs to be entered on that reference. The power of attorney should show to which file number and in which creditor's name it was given. Covering more than one file with the same general sentence can mix to which one authority was given.
The petition the old representative gave before the dismissal is read according to the record at the moment it was given. That petition does not become a request taken apart backwards with the dismissal endorsement. After the endorsement, a new request for attachment or sale by the same person is not entered of itself as the creditor's request. Whether it was entered is seen from the referral and the endorsement in the file. While there is no referral, oral acceptance is not assumed.
If there is more than one creditor, one's dismissal does not drop the other's representative. The name in whose name the dismissal paper was given is the name that is read. If the other creditor's power of attorney is not mentioned in the document, the power of attorney that is not mentioned is counted as having stayed on foot. The counting depends on the other document standing in the file. If it does not stand, this text does not invent a power of attorney.
To whom service issued is read from the representative endorsement in the file and from the service piece. Service that went to the old representative's address before the dismissal was entered is not announced as invalid in this text. The fate of service after it was entered is not written either before the piece and the endorsement stand side by side. While there is no piece, dismissal does not build the result that service was not made.
To which account the money was entered
The money the debtor paid in is read from the cashier record in the file or from the account the creditor notified. An amount that went to the old representative's personal account after the dismissal endorsement may not be collection entered on the file. The account on the receipt and the account in the file stand side by side. If with which authority it was paid is not in the document, a result is not written into this text.
An amount that entered the file account is not treated as having come back out with the dismissal. If the amount that entered stands on the cashier or bank record, that record is read. A receipt the old representative gave from their own hand is not completed as file collection if there is no file record. The account the new representative notified does not take the place of the old account before the notification enters the file. If there are two account notifications, which one stands after the endorsement is separated from the papers. An account that is not separated is not chosen as the place where the debt ended.
If the debtor stopped the payment because they heard of the dismissal, the stopping does not erase the debt in the file. The stopping is read only with a waiver, a collection or a similar file record. If there is no record, the news does not change the cover account.
The fee line is not the proceedings themselves
The enforcement counsel's fee on the cover account is an item directed at the debtor. The fee contract between the creditor and the lawyer is another document. Dismissal does not of itself erase the line on the cover. The new representative starting the task does not take that line over in their own name. In the internal relation, to whom the fee will remain is read from the contract and from the work seen until the dismissal. A share that is not written in the contract is not added to this text.
The old representative asking the creditor for a fee does not write a second counsel's-fee item against the debtor. Collection of the same item twice does not open a second line on the cover. Opening a second file for the same claim does not repair the dismissal either. That door is in the article on a second proceedings. Dismissal is not transfer of the claim to someone else. Transfer stands under assignment of the claim. While there is no assignment document, the dismissal paper does not turn the creditor column to another person.
If the fee contract does not stand in the file, the internal relation is not guessed from the cover line. If the cover line does not stand either, the internal contract does not have a new item written against the debtor. The two papers are read separately. One does not of itself equalise the other's amount. This text does not equalise either.
Resignation and a new power of attorney
The representative leaving of their own is the reverse direction of dismissal. The result is again the representation being cut. Before the resignation writing enters the file, the old authority is not assumed to have fallen. The new power of attorney does not take the place of the papers the old representative left in the file. The papers show which reference belongs to whom. Without an authority document, the papers are not the basis of the new signature.
If the new power of attorney entered the file before the dismissal endorsement, the order is read from the entry record of the two documents. If there is no entry record, which one was first is not guessed. If two powers of attorney stand at the same time, both are read for the work within their own scope. If the scope is not written, one is not treated as having erased the other. The copies the old representative left in the file do not take the place of the new representative's signature. The copy shows which reference's papers it is. A folder that does not show this is not an authority document.
Dismissal does not change the debtor's identity either. An identity mismatch is in the article on enforcement opened against the wrong person. When the representative's name is erased, the debtor line is not treated as erased too. The two lines are read apart. Even if a sale announcement has issued, the announcement does not of itself fall with the dismissal document. The fate of the announcement is read from the sale record in the file. While there is no record, dismissal is not announced as having stopped the sale.
More than one representative
If two representatives are written in the file at once, the dismissal shows the representative whose name appears in the document. If the other's name is not in the document, the other is not treated as having fallen too. If the new power of attorney was given only in one's place, the place that was given is read from the scope in the document. If the scope is said to be for all the work, the word that was said is read together with which reference it was entered on. A general word that is not entered does not erase every endorsement in the file.
If the creditor also signs themselves, their own signature stands apart from the dismissal of the representative. Their own signature does not make the old representative's petition after the endorsement valid. The old representative's petition before the endorsement is not treated as taken back with the creditor's new signature either. Taking back is read with a waiver or with the record that the petition was taken back. If there is no record, two signatures stay two signatures. If the two signatures appear both to request and to take back the same request, which one was entered later is separated from the endorsement. If there is no endorsement, the contradiction is not closed as a result in favour of one of them.
Conclusion
Dismissal does not drop the proceedings. Authority is read with the dismissal record in the file and the new power of attorney. The counsel's fee on the cover is a separate line. A share is not added. Death and an enforcement surety do not build this authority. The framework is on the enforcement and bankruptcy law page. A reading with the concrete documents is also made through the contact route. The basis is the proceedings provisions of Enforcement and Bankruptcy Code No. 2004.