Enforcement & bankruptcy · Legal information

Does Interest for a Period When I Was Not the Debtor Enter the Proceedings?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Interest for a period when you were not the debtor, even if it was written into the request for proceedings, does not make that writing the interval correct. The interval is read side by side with the date the debt arose, the date of payment and the date you became a party. The claim that the debt never existed is in the article on enforcement came while I have no debt. This text is not a repeat of that article. There is no amount in this text. The number of the interest account is not written either.

The start and the end in the request

The request for proceedings can write the start of interest as a date. The end is often tied to the moment of the proceedings or the moment of collection. If the two dates are not in the file, the interval is not completed. The name of the item is whatever it writes in the request. The name is not turned into a number in this text. The name itself does not extend the interval backwards.

The maturity or the invoice date in the supporting document is compared with the start in the request. If the basis shows a later date, the earlier interval is debated separately. If there is no date in the basis, this text does not add a date. If a separate start is written in the contract, that line is read. While there is no line, a date is not produced as if the contract existed. If there is more than one basis, each document's own start stands. The earlier document does not of itself start the interest of the later document.

If the request left the start blank, the blank is not filled at the enforcement office. If the end is written as until collection, this sentence is not treated as having also taken in the period before the debt arose. If the sentence is uncertain, the uncertainty is not resolved in favour of the longest interval. The creditor should show in the request which interval they requested. An interval that is not shown is not added later to the cover account.

The interval before the debt arose

Interest from before the date the debt arose is not read as if the debt itself did not exist. This is a line separate from the sentence that there is no debt at all. The person can accept part of the debt and debate the earlier period. If the part that is accepted and the interval that is debated are melted in the same sentence, the request stays uncertain. An uncertain sentence is not treated as having erased the interval. Acceptance does not mean they also accepted the interest of the earlier period. The acceptance writing is read as far as which item and which date it covers.

A determination that the person was not the debtor goes to the merits of the debt. That action is in the article on an action for a negative declaration. The determination does not of itself correct the date line in the request. Which dates stayed outside is read if it is written in the operative clause. If there is no clause, the date is not treated as corrected. Even if the date was debated in the reasoning, if it is not in the clause the cover account does not apply the date in the reasoning.

If the invoice, the contract and the notice carry different dates, which one's interest starts is written in the request. A document that is not written is not chosen as the earliest date. The notice is not the document that gives birth to the debt. The notice is read as the start only if it is written in the document that interest will run after this writing. If there is no such writing, the date of the notice does not take the place of the date the debt arose. If the date it arose is also not in the document, this text does not invent the moment it arose.

The line that continues after the payment record

The date on the payment slip can be the end of the interest line. If the slip still shows in the request the interest after that date, the later interval is read separately. If there is no slip, a payment date is not invented. The slip may have closed the principal claim and left the interest open. Which item closed comes from the description line of the slip. If there is no description, the slip is not treated as having closed the whole interest interval.

A partial payment does not erase the whole of the interest. If the slip does not show which amount was written to the principal and which to the interest, the order is not built in this text. A preference that it is counted to the interest first, or to the principal first, is not written. If the preference stands in the document or in the account breakdown, that breakdown is read. If there is no breakdown, a preference is not assumed. If there is more than one slip, each slip carries its own date. The last slip does not of itself close the interval the earlier slips did not close.

If interest that was paid is requested back, the door changes. That door is in the article on an action for recovery. This text reads not whether the money left the till, but whether the interval in the request matches the party. The return door does not open of itself because the interval is wrong. The debate on the interval does not produce the return slip of the money that was paid either. If the two subjects will stand side by side in the same petition, each shows its own document.

The surety's date is not the principal debtor's date

The start in the suretyship document is placed beside the interest interval in the request. If the document starts later, the earlier interval is not written of itself as the surety's debt. If the document does not carry a date, a date is not added. The surety's date is not counted as the same as the principal debtor's date. An interval that is correct for the principal debtor is not counted as having become correct for the surety too.

If the surety's responsibility is limited in the document by a ceiling or an item, the limit can also cut the interest interval. If the limit is not written, a limit is not produced. A sentence of joint suretyship does not of itself load the interest from before the surety's signature date. The sentence is read together with the date in the document. If there is more than one surety, each one's document is separate. A start written for one is not copied to the other.

The date the debt ended can also cut the interval. The date a release or the payment closed shows the end. If there is no document, an end is not invented. Interest after the end can be standing in the request. Its standing does not mean that period is correct. If the release freed the principal debtor and did not leave the surety, this distinction is read if it is written in the document. If it is not written, the release is not assumed to have freed everyone at the same moment. A person who left from being surety does not carry the period after the date in the leaving writing as their own interest.

An assignment does not add a period that is not written

Assignment of the claim does not change by itself the date the debtor became a party. Whichever item the deed of assignment writes is the item that is read. A period that is not written is not added to this text. If the assignment transferred a claim on which interest is running, the interval that was transferred is read from the sentence in the deed of assignment. If the sentence says only the principal claim, the interest is not counted inside the principal claim. If the two documents contradict each other, the contradiction is written separately. One does not of itself correct the other's date.

The proceedings of the person who took the assignment cannot request a second time the interval the assignor previously ran. If the earlier collection or the earlier request appears in the file, the new request does not hide that record. If it does not appear, the old interval is not completed in this text. If the debtor objected to the assignment, the objection does not of itself erase the interest interval. If the objection melts the validity of the assignment and the correctness of the interval in the same sentence, the request stays uncertain. An uncertain sentence does not turn both subjects into a judgment.

If the status of debtor arose later, the earlier interval is not written as this person's interest. The date the status arose can be the contract, the endorser's record or the notice of assignment. If none of these records exists, a status date is not invented. A company merger or a change of title does not of itself extend the interest interval. Whichever debts the merger document writes are the debts that are read. A period that is not written is not added. The transferee and the transferor are shown apart in the request.

Accrued interest and interest that will run are not the same line. If the request writes only the accrued period, the period that will run is not added of itself to the cover account. If the request also asks for the interest that will run, the start is still the date in the document. The document does not fill the gap before the debt arose as interest that will run. A later breakdown of the cover account does not make correct an interval that is not in the request. The breakdown is a copy of the request. The copy does not change the date in the supporting document.

If more than one item stands in the same proceedings, each item's interest carries its own start. If rent, an invoice or a contract price is melted in a single interest sentence, the melted sentence does not erase each item's date of arising. From which date which item is requested should be written. An item that is not written is not treated as run from the earliest date. If a waiver gives up part of the interest interval, the part that was given up stands in the document. If it does not stand, the waiver is not assumed to have closed the whole interval. The remaining part is not produced from the silence of the deed of waiver.

Conclusion

The interest interval is not a repeat of the sentence that I have no debt. The start, the date it arose, the date of payment and the date the person became a party are read side by side. The surety's date is not the principal debtor's date. An assignment does not add a period that is not written. If the payment slip has no description, it is not treated as having closed the whole interval. If the date is not in the file, it is not added. An account number is not written. The framework stands on the enforcement and bankruptcy law page. The basis is the text of Enforcement and Bankruptcy Code No. 2004. If the request and the basis are in hand, they can also be read through contact.

Legislation

Frequently asked questions

Is the interest interval written into the request for proceedings correct of itself?

It is not. The interval is compared with the day the debt arose, the day of payment and the day the person became a party. If the dates are not in the file, this text does not add a date.

Can I accept part of the debt and separate the interest of the earlier months?

The separation is a line different from the sentence that there is no debt at all. If the part that is accepted and the interval that is debated are melted in the same sentence, the request stays uncertain. An uncertain sentence is not treated as having erased the interval.

What is read if interest after the day of payment stands in the request?

The day on the payment slip and the end in the request are placed side by side. If there is no slip, a day of payment is not invented. If the slip does not write which item it closed, the whole interest interval is not treated as closed.

If the suretyship started later, is the earlier interest the surety's interval?

If the document shows a later day, the earlier interval is not written of itself as the surety's debt. If there is no date in the document, a date is not added. The surety's day is not counted as the same as the principal debtor's day.

Is this interval a repeat of the article that I have no debt?

It is not. The claim that the debt never existed is a separate door. This text reads whether the interest days in the request match the period the person was responsible for.

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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