Enforcement & bankruptcy · Legal information

I Paid the Debt, but the Enforcement Did Not Stop

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the attachment continues even though you have paid the debt, to whom the money went, whether the amount meets the current cover account and whether the collection was entered on the file are read separately. A receipt does not by itself cut the deduction. There is no interest rate and no percentage in this text.

A transfer that went to the creditor does not close the directorate's record of itself. Closure is measured by the cover statement of the day of payment. The figure on the first payment order is not counted as the whole of the later balance.

The attachment does not stop before the money falls onto the file

The enforcement office takes as its basis the collection that entered its own cashier, or that the creditor notified. A transfer that went to the creditor, to the representative or to a third person may not open a line on the file that it was collected. Before the line is opened, the attachment writing at the bank or at the workplace stands. Its standing does not mean the whole of the debt is still alive. The meaning comes out of whether the collection was entered on the file.

If the creditor accepts the payment, a declaration of collection or a waiver writing must enter the directorate. An oral message that "I received it" does not release the block writing at the bank. The declaration should be limited to the file number and the amount. A declaration given without the limit being written does not show which file closed. A transfer made without the file number being written can be entered against another item or another file. The description line should show which reference number is sought to be closed.

The cover account can be larger than the first paper

The principal on the payment order is not the closing balance. Accrued interest, the proceedings fee, service, the attachment expense and, if the conditions have arisen, lines for the counsel's fee may have been added. The existence of these lines does not produce a particular rate or percentage. If the rate is not written in the file, it is not added to this text. It is not said "I paid the whole" before the cover account of the day of payment is taken.

If an agreement was reached on the principal only, leaving the fee and the counsel's fee outside, the file can stay open. The agreement does not stop the deduction before it passes into the directorate's account. If there is a claim of a reduction, the creditor's written declaration and the new balance are submitted together. When there is no declaration, the reduction is not treated as entered of itself.

An attachment notice that went to more than one bank can show a block higher than the debt in total. The amount actually collected, the standing blocks and the cover are read together. The excess part is not released of itself. A writing of lifting goes separately to the relevant institution. Before the writing goes, the sentence "paid" on the screen may not release the salary that month.

The order of set-off and an incomplete payment

A partial payment does not drop the attachment for the remainder. Which item closed is visible from the file account. The expectation that interest will fall first can conflict with the set-off the directorate applied. The conflict is not closed by inventing a percentage. The set-off is read from the account in the file.

If there is more than one file for the same debtor, the receipt may have been written to the wrong reference. Set-off to the correct file does not open the attachment in the wrong file. Correction is requested with the statement of both files. The employer or the bank can continue to deduct according to the old writing. The directorate's balance writing does not change the practice at the institution at that moment. The deduction can continue until the new writing arrives. The date it arrived is followed with the receipt and the service.

The neighbouring records are these. Paying into the cashier sits under payment into the enforcement file, and the creditor's declaration of collection sits under collection outside the file. Lifting of the attachment writing sits under lifting an attachment, and money that came out when there was no debt sits under restitution. This record separates the entry of the collection on the file from those headings.

Which paper shows the payment

The documents read are the current cover, the receipt and, if there is one, the declaration of collection. The receipt should show to which account and with which description it went. If there is no description, the match to the file is not completed. The contract may write the source of the debt. The contract does not of itself close the balance of the day of payment. Service separates, from the endorsement, when the payment order reached the debtor. The endorsement does not produce an interest rate. An invoice may be the basis of the claim. An invoice does not take the place of the cover balance. The petition should write which amount was paid into which file. A decision or a directorate writing is not treated as having released the block before it notifies the relevant institution that the attachment has been lifted. The application should carry the cover and the receipt together. If the minutes write a cashier collection, that minute line builds the line. The register may show the party's name. The register does not write that the debt was paid.

Where the payment is read from

This article reads the cover account, the receipt and the declaration of collection side by side. This article does not write interest or a percentage. An Ankara lawyer reads from the record in the file that the Çankaya office does not change the competent authority. This article does not treat the receipt as the writing that the attachment has been lifted.

Conclusion

A debt that was paid does not stop the attachment before it is entered on the file. The current cover, the addressee and the set-off must stand in the same table. Interest and a percentage are not invented. The framework sits on the enforcement and bankruptcy law page. The basis is Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

I paid into the creditor's IBAN. Why does the salary deduction continue?

A payment made to the creditor does not lift the attachment writing before the enforcement office records the collection. A collection receipt or a waiver is submitted to the file. A receipt that is not submitted does not of itself drop the attachment writing at the bank and at the workplace. A personal account sent by message should not be used before the file number is confirmed.

I paid in the whole of the amount on the payment order. Why is the file open?

The payment order shows the claim on the day of service. Interest, the fee, service, the attachment expense and, if the conditions exist, the counsel's fee may have enlarged the balance. Closure is measured by the cover account of that day. The figure on the first paper may not be the whole of the later debt. There is no interest rate in this text.

Does money I paid in excess come back of itself?

It does not. The excess appears in the file account and is followed with a request for restitution. Getting back money collected through enforcement on the claim that the debt never arose is the subject of an action for restitution. An accounting excess and an action that there is no debt are not the same petition.

Does a partial payment stop the attachment?

If a remaining balance stands, the attachment and the deduction can continue for the remainder. A partial payment is set off. The sentence "I paid part" does not release the whole of the block before the set-off is entered. Which item it was written against should appear in the receipt description and in the file account.

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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