In short
Service made on the debtor's lawyer is not always counted as made on the debtor. Service on the representative depends on the authority line in the power of attorney. If the line does not give authority to accept service in this file, the envelope is not served on the debtor themselves. A lawyer having been retained does not stop the service. Not every lawyer is the addressee of the payment order.
While there is no authority line, the period is not built from the moment the representative learned of it. A number that is not written in the file is not added. The meaning of a claim of irregular service is in the article on irregular service. Electronic issue is in the article on electronic service, return in the article on return of service, and a change of address in the article on a change of address. This page does not copy those guides onto the power-of-attorney line.
The authority line is looked for
The power of attorney writes in which matter and with which authority the lawyer stands. Authority to accept service is looked for on this line. The line is read apart from the general representation sentence. The general sentence is not completed as if there were authority for service in the enforcement file. If the line has no authority for service, an envelope left with the representative is not counted as served on the debtor.
The authority line can have melted inside a wide sentence such as "to do every kind of act". A melted sentence is not of itself separated as a line accepting service. The distinction is made by whether the word service, or an express authority equivalent to it, stands in the power of attorney. If there is no express line, the wide sentence is not completed as if there were authority for service. Authority that is not completed is not written on this page.
Even if the line exists, the addressee of the envelope should be that lawyer. Papers that go to another lawyer are not counted as made on the representative who has the authority line. The name is placed side by side, the name in the power of attorney and the name on the envelope. If the names do not match, service is not assumed to have been made on the debtor. The mismatch is not closed by completing the name in a petition. The name of another lawyer working in the same office does not take the place of the name in the power of attorney.
A lawyer who is not the representative in this file
The lawyer of another case is not the representative in the enforcement file. A power of attorney in a divorce, criminal or employment file does not of itself tie the payment order to that lawyer. If the power of attorney has not been submitted to the enforcement office's file, an addressee of service has not been chosen. An oral consultation is not a power of attorney. A business card does not open an authority line.
The day the consultation was held is not written as the date of service. Even if the consultant saw the papers, seeing them is not an authority line submitted to the file. A power of attorney that was not submitted does not tie the payment order to that lawyer's address. An address that is not tied is not completed as the address for service.
Even if the debtor spoke with a lawyer, the payment order may not have issued to the person who was spoken with. The issue is read from the power of attorney in the file and from the service piece. If the piece went to the debtor's own address, speaking with the representative does not erase that issue. Retaining a lawyer does not stop service that has issued. The place where the meeting was held is not written as the address for service.
Two issues do not become one date
If the envelope issued to the representative who has authority for service in this file, and the piece shows that name, service can also be read on the debtor's side. This result does not give birth to the same calendar in every file. The calendar comes from the service line on the piece. If there is no line, a number is not written even if the representative saw it.
If there is a separate issue to the debtor and to the representative, there are two pieces. Two pieces are not pasted onto a single date. Which issue will be taken as the basis in this file is read from the authority line and from the name on the piece. If one came back returned and the other was delivered, the return does not erase the date of the delivered piece. If delivery is to the representative, the authority line is looked for separately. If there is no authority, the delivery is not counted as made on the debtor. If there is authority, the date is still the delivered piece's own line. The other piece's date is not added to that line.
Service made on the creditor's lawyer is not counted as made on the debtor's representative. The other side's representative does not accept service in the debtor's name. The other side's knowledge is not the debtor's service line. The creditor's representative seeing the file is not written as the moment the debtor learned of it.
Retaining a lawyer does not erase the issue
Submitting a power of attorney does not of itself interrupt the period. The period runs from the line of service made in accordance with the procedure. If the line is with the representative, authority is looked for. If the line is with the debtor, the power of attorney does not take that line back. An objection is not built from the moment an unauthorised lawyer became aware.
The power of attorney may have entered the file after service. A power of attorney that entered later does not take back a piece that earlier issued to the debtor's own address. Taking it back does not happen with the oral sentence "I have a representative now" if it does not appear on the piece's process line. The sentence concerns to whom later papers will issue. The earlier piece stays in place.
If more than one lawyer is authorised, the envelope should have issued to one of those whose name is written in the power of attorney. An envelope that goes to a name not on the list is not counted as having used the authority on the list. If the list is not in the file, which lawyer is authorised is not completed. A name that is not completed is not chosen as the addressee of service.
Dismissal of the representative and closed authority
If dismissal has not been entered on the file, a dismissal that was not entered does not of itself drop the service. An envelope that issues to the representative after the dismissal is entered is made on a closed authority line. Whether it was entered is read from the date in the file. If there is no date, service is not shifted as if there were a dismissal.
The day the dismissal document was drawn up and the day it was entered on the file can be separate. According to which of these two days the service will shift is not chosen on this page. The choice cannot be made without looking at the entry date written in the file. If there is no entry date, the envelope is not of itself dropped as having issued to a dismissed representative.
Resignation is tied to the same record. If the writing that notifies that the representative withdrew has not entered the file, a writing that did not enter does not close the authority line. An envelope that issues to that lawyer after the writing entered is made on a closed line. If the entry date and the date of the envelope do not stand side by side, no shift is made. The framework is on the enforcement and bankruptcy law page. There is a contact route for placing the power of attorney and the envelope side by side. The route does not complete the authority line.
The scope sentence of the power of attorney does not choose the file
The power of attorney can list more than one matter on the same paper. If enforcement proceedings are not among the matters listed, the paper is not read as authority for service in this file. Even if enforcement proceedings are listed, the line accepting service is looked for separately. The name of the matter does not of itself open authority for service. Authority that is not opened is not treated as completed by the envelope being left with the representative.
If the power of attorney carries a particular office and reference number, the authority is tied to that reference. An envelope that issues to another reference number does not use the authority on this paper. If the number is not on the paper, the authority is not treated as having of itself spread to all of the debtor's enforcement files. The spread is read from the scope sentence that appears in the file. If there is no sentence, a scope is not invented.
A power of attorney that has expired, or that ended with a particular act, is read separately for an envelope that issues after the end. If the end record is not in the file, service is not dropped as if the power of attorney had ended. If there is an end record, the record date and the envelope date are placed side by side. If one of the dates is missing, no shift is made. A shift that is not made is not an announcement of an absence in the debtor's favour. The absence is discussed only for the envelope after the authority line closed.
If a photocopy of the power of attorney does not stand in the file, the original copy is looked for at the office. If there is no copy, the authority line is not completed as if it existed. If the photocopy stands but the service line is cut, the cut line is not completed from the part that is not read. The part that is not read is not filled with the general representation sentence.
Even if the envelope issued to the representative's office address, the addressee's name should be the name in the power of attorney. The office name does not take the place of the lawyer's name. If the name does not match, service is not assumed to have been made on the debtor. The mismatch is not closed with the office's headed paper.
If the authority line was given for a particular matter, an envelope outside that matter is not counted as served on the debtor. If the name of the matter in the power of attorney is not enforcement proceedings, the payment order is not tied to the debtor with this line. An envelope that is not tied is not completed by the lawyer seeing the papers.
Conclusion
Service on the representative depends on the authority line in the power of attorney. If there is no line, it is not counted as made on the debtor. A general representation sentence is not completed as express authority for service. Retaining a lawyer does not stop the service. The representative of another file does not become the addressee of this enforcement file. Dismissal does not shift the service before it is entered on the file. A number is not written. The basis is the provisions of Notification Law No. 7201 and Enforcement and Bankruptcy Code No. 2004.