Enforcement & bankruptcy · Legal information

What Happens If More Than One Salary Attachment Arrives?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

What happens if more than one salary attachment arrives is understood when a deduction writ arrives for more than one file from the same wage. The intent of the deduction rate of a single file is separate from this matter. The total deduction and the order depend on the statute and on the type of file. Two writings do not double the deduction of themselves. The reading starts with the list of writs and the deduction on the payslip.

How the employer records more than one writ

The employer records each writ with the file number. If there is more than one writing at the same time, how much will be transferred to which file is determined according to the statute and the content of the writing. The employer cannot ignore the writing with the debtor's request to prefer this file. A sentence of preference does not leave the writ without effect. The file number on the writing is the address of the transfer. A transfer made before the number is read is not treated as having gone to the correct file.

The writing that arrived is a document, and it is compared with the deduction on the payslip. If the amount visible on the payslip does not match the file number on the writ, the difference is shown separately. The employer cannot merge two writings like a single file and throw them into a single pool. Each service carries its own file number. A copy whose number is faint or incomplete does not take the place of the full writing. A current copy is requested from the record at the enforcement office.

Does the second writing double the deduction?

A second writ does not double the deduction of itself. The total deduction depends on the statutory limit and on the types of file. The limit is not frozen in this text as a rate or a percentage. The deduction rate discussed in a single file is not multiplied by rote when more than one writing arrives. Which file carries which type of claim is read from the text of the writ. The total amount is not stated before the type is read.

In maintenance and similar claims, priority and the frame can be separated from general claims. This distinction depends on the text of the concrete writ. If there is a maintenance file, the frame can change. How much the change is is not produced here when there is no writing. A claim of priority is not built before the type of file appears on the document. A writing of a general claim is not pasted in the place of a maintenance writing.

Are the order on a salary and participation in an attachment the same?

Attachment of wages works differently from participation in an attachment of movables or immovables. Participation in an attachment concerns the sale of property. Talk of order on a salary is separate. The order of sale does not of itself say which file the amount deducted from the wage will go to. The two debates are not written on the same petition. If the document in hand is a writ, the subject is a salary deduction. If the document in hand concerns a sale, participation is read separately.

The employee compares the writ with the payslip deduction. They notify the office of an amount that went to the wrong file. They put an objection to attachability, or to the rate, on the correct route by a petition. Actually preventing the deduction against the employer gives rise to a separate risk. Prevention is not treated as having changed the order or the total limit. The objection looks at the writing and the payslip being shown together.

If the payslip and the file number do not match

If the deduction on the payslip and the file number on the writ do not match, the difference is shown by placing the two documents side by side. The employer cannot treat a transfer made before reading the number as having gone to the correct file. The debtor's sentence of preference does not erase this number. An incomplete or faint copy does not take the place of the copy at the office. The distribution is not stated before the current writing is requested. Each service carries its own file number, and the numbers are not dissolved in a single pool.

If a maintenance writing and a writing of a general claim appear on the same payslip, the types are not mixed. Priority depends on the text of the concrete writ, and a table of ranking is not written here. Participation in an attachment concerns the sale of property. The order of a salary deduction stands apart from that sale debate. Actually preventing the deduction is not treated as having changed the order. The objection is put forward on the correct route and by a petition, with the payslip and the writing shown together. A rate is not frozen in this text as a number.

Where the type of file is read from

This article does not take more than one salary attachment for the same question as the deduction rate of a single file. An Ankara lawyer separates from the file the point that the office being in Çankaya does not change the order of the writs or the deduction limit. The district of the office address does not rewrite the file number. The order and the type are read from the writings. The frame that separates multiple attachment from the deduction rate, from participation in an attachment and from a salary attachment that reached the employer sits on the enforcement and bankruptcy law page.

Conclusion

Multiple salary attachment is not an extension of the panic of a single rate. The order, the type and the total limit are read together. The distribution is not stated without the list of writs. A second writing does not double the deduction. The basis is Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

If two files arrive, is half the salary deducted?

There is no automatic doubling. The total deduction depends on the statutory limit and on the types of file. The frame of the deduction rate is read separately.

Does a maintenance file have priority?

In maintenance and similar claims, priority and the frame can be separated from general claims. The text of the concrete writ is the basis.

To which file does the employer pay?

The transfer is made according to the file number on the writing. A mixed-up file gives rise to a dispute about a salary attachment that reached the employer.

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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