In short
The question of what to do if enforcement arrives when you owe nothing opens with the name of the paper, before a panic payment. When it is asked what to do if enforcement arrives when you owe nothing, the first task is to check the party and the basis. A wrong identity, an old debt, an assignment or a confusion of suretyship is often seen. There is no memorised period. A blind payment does not take the place of the correct door.
The name of the paper builds the first distinction
The name of the paper that arrived separates the route. A payment order and an enforcement order are not the same document. The debtor's name, identity or trade name is compared with the person on the paper. The creditor and the basis are also read. The basis may be an invoice, a note or a judgment. Whether the date of service appears on the paper is a separate intent for the procedure of service. A number of days is not memorised here.
A defence is not written without the original of the paper. A faint amount on a photocopy does not by itself build the sentence that there is no debt. If the identity does not match, the possibility of the wrong person stands separately. Even if the identity matches, the basis may not belong to you. A claim that an old debt has closed is not announced if the closing document does not stand. If there is a suretyship contract, the status of the surety is not mixed up with the status of the principal debtor.
In proceedings without a judgment, silence speaks of becoming final
In proceedings without a judgment, an objection in time can stop the proceedings. How many days the period is is not in this text. The period is read from the service and from the order's own text. If the creditor then goes to the route of lifting or setting aside, proof is discussed. Staying silent can lead to the proceedings becoming final. The objection petition does not of itself turn the absence of the debt into a court decision. The petition writes on which ground the proceedings are met.
Saying there is no debt is not accepting part of the amount. If there is a partial reservation, that reservation is written separately. A reservation that is not written can be treated as accepted. This sentence is not a promise that every silence will produce the same result. The result depends on the type of paper and on the period. If the period is not in the file, a day is not invented.
In proceedings with a judgment the pattern changes
If there is a judgment, an objection that there is no debt is not the classic pattern of proceedings without a judgment. Whether the judgment belongs to you, payment, and postponement of enforcement are weighed separately. A court decision is not read like the basis of a payment order without a judgment. If the party in the judgment and the party on the enforcement paper do not match, a question of status opens. Even if they match, it is looked at separately whether the subject of the judgment is this claim.
An Ankara lawyer who reads the payment order does not take the Çankaya office for the enforcement office. The office being in Çankaya does not choose the office where the proceedings will be opened. The competent place is read from the type of paper and from the link the statute shows. The name of the district does not take the place of the claim that there is no debt. The office address does not produce the day of service either.
A blind payment can give rise to the burden of restitution
If there is no basis, payment can give rise to the burden of getting it back later. The papers are read first. If it is not clear which item the payment will be written against, the receipt does not end the debate either. If the invoice does not belong to you, covering the invoice amount can be read as accepting the debt. For that reason the door is chosen before payment. A negative declaration is the route of an action to establish that you are not the debtor. An interim measure is a separate request inside that action.
Proceedings that went to the wrong person and the claim that there is no debt can meet. One asks about status, the other about the existence of the debt. If there are two questions in the same envelope, they are written separately on the petition. One does not of itself take the other's name. If an enforcement order has arrived, the pattern of the route with a judgment is not closed with the objection sentence of a payment order.
The payment door is not chosen before the original of the paper, the name of the party and the type of basis are read. A mismatch of identity and the absence of the debt are not joined in the same sentence.
The basis is read from the paper
The first reading is of the name of the paper. This article does not suggest payment when there is no basis. This article does not paste an objection in proceedings without a judgment onto proceedings with a judgment either. There is no memorised period. The Çankaya office does not choose the competent office.
Conclusion
In enforcement that arrives when there is no debt, the first task is to choose the correct door. A payment order is in a payment order has arrived, an enforcement order in an enforcement order, the wrong person in enforcement against the wrong person, and establishing that you are not the debtor in a negative declaration. The framework is on the enforcement and bankruptcy law page. The basis is the text of Enforcement and Bankruptcy Code No. 2004. A defence is not written without the original of the paper.