In short
A second enforcement file for the same claim does not make the balance in the first file into a second debt. If the first proceedings are alive, a new reference opens a second door of collection for the same principal, interest and counsel's fee. The debtor can stop this by a complaint. If the first file closed without collection, dropped out of process or ended in a certificate of insolvency, fresh proceedings are assessed separately. A returned envelope is not the ground of the second file.
The second cover does not double the balance so that it will pass of its own accord. The amount the two files claim is not stated before the cover statements are read side by side. If a rate is not written in the file, it is not added to this text.
A second reference in a living file
If a payment order has been served in the first file, the objection period has run or an attachment has been placed, the claim is already in proceedings. Writing the remainder of the same invoice, or of the same judgment, to a new office because it will be faster does not produce speed. It produces a duplicate cost. If the fee and the counsel's fee of the second file are loaded onto the debtor, the debtor complains of the duplicate expense to the enforcement court. A decision is not built before it is read from the two covers which reference wants which item.
Fresh proceedings for a partial balance are discussed only if it is documented that that item was left in the first file. An item that was not left cannot stand in both cover accounts. How much each file wants is understood by reading the two covers side by side. The cover line sits under the cover account. Return of service is not a shortcut to opening a new reference. A correction of address is made in the same file. The distinction sits under return of service. The petition should show which invoice the second reference writes again.
Which ending permits fresh proceedings
If the file closed by collection of the balance, or by a waiver, the closed item is not claimed again. If the waiver concerns the claim itself, the second proceedings hit the waiver document. If only the proceedings were abandoned and the claim was not released, a debate on second proceedings can open. The types of closure sit under how a file closes. The document should write whether the waiver concerns the claim or only the proceedings. If there is no document, the waiver is not widened.
A certificate of insolvency shows the part that could not be collected. When a new asset is learned of, the creditor can follow the same claim. The certificate is not a cheque that leaves running interest a second time free. The meaning of insolvency sits under certificate of insolvency. In a file that has dropped out of process, renewal is often a more correct door than opening a new reference. Renewal and limitation are separate. Skipping the two with "let me open a new file" can also drop the old attachment. The minutes may write why the file went to sleep. If there are no minutes, the reason for the sleep is not assumed.
Double collection
If a salary deduction or a bank block comes from both files, the debtor shows, with the payslip and the receipt, which reference cut which month. An amount cut in excess is not counted as a gift before it is set off on the cover. The condition of the route of restitution sits under restitution. A complaint does not, in every file, take the place of an action for restitution. First it is sorted which money came out in excess. The application does not build an excess collection by sticking two receipts to the same month.
Two files that go to different debtors may not be counted as duplicates in a joint and several debt. Two files that go to the same person, with the same invoice, are counted. It is not said the second file is forbidden before the list of parties is read. The register may show the name of a company debtor. The register does not show that the claim arose twice. The contract may write whether the suretyship is joint and several. If there is no contract, the second file is not announced as a duplicate of itself.
Where the second file is read from
The two covers stand side by side, and this article does not add a rate that is not written in the file. An Ankara lawyer reads from the cover record that the office being in Çankaya does not change the competent office in the second proceedings. This article does not treat a returned envelope as the ground of the second reference. This article does not revive in a new file an item that was waived.
Conclusion
Living first proceedings do not give birth again, in a second file, to the same claim. Duplicate interest and counsel's fee are open to a complaint. The type of dropping out of process, insolvency or waiver opens the door of fresh proceedings separately. If a rate is not in the file, it is not added. The framework sits on the enforcement and bankruptcy law page. The official basis is the proceedings provisions of Enforcement and Bankruptcy Code No. 2004. Duplication is not stated without the cover statements of the two files.