Enforcement & bankruptcy · Legal information

What Is the Risk of a Blank Promissory Note?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The risk of a blank promissory note arises from a signature placed so that the amount, or other elements, will be filled in later. The question of what the risk of a blank note is is read from whether the signature itself and the amount written later are the same thing. Not every blank note is void of itself. The authority and its limit are shown by the concrete relationship. Interest and a percentage are not in this text, and they are not added.

In a credit, current-account or security relationship the words "we will fill it in later" are often heard. If there is no authority document, the words may leave no limit. The limit being uncertain does not make the note without effect at that moment either. Lack of effect is not built before the text and the correspondence are seen.

Where the authority stands

Authority to fill the note in may appear in a document beside the note, or in the parties' correspondence. If there is no authority paper, the creditor claims the amount they wrote on the note. The debtor may say it was not that much. The two sentences stand in the same file. Which one weighs more is not chosen before the receipt, the contract and the correspondence come side by side.

If the signature does not belong to the debtor, the debate is at another door. If the signature is accepted and the amount is refused, the risk of a blank note is discussed. Dissolving the two in the same petition hides which claim is being tested. A hidden claim stays incomplete both in the enforcement court and in the proceedings. An incomplete claim does not of itself bring the note down.

The two faces of the dispute

The creditor makes the figure on the face of the note the subject of the proceedings. The debtor may say the figure was written larger than the agreement, that the maturity was changed, or that the creditor's name was put on later. Each is a separate claim of filling in. They do not all have to be true together. What is true comes out of the original note and the correspondence of that date.

If there is a partial payment, the receipt is not treated as reducing the amount of the note of its own accord. The reduction is read from the document as to which item it was written against. When there is no document, the sentence "I paid" does not erase the figure. A blind payment can also give rise to an item later claimed back. That item is not tied to a percentage in this text.

Which door it goes to

The original note, the endorsement and the maturity affect by which route the proceedings are opened. A blank does not of itself lock the route into ordinary attachment proceedings or into the bills-of-exchange route. The route is read from the text of the note at that moment. If the text is incomplete, the missing element is asked separately.

The neighbouring records are these. Denial of the signature is in an objection to the signature, the collection door is in a promissory-note claim, and an aval is in suretyship on a note. The frame of the route is in proceedings peculiar to bills of exchange. An interest item is not carried into this text. A percentage is not carried in either.

Where the blank note is read from

This article reads the original note, the correspondence about filling it in and the payment documents side by side. This article does not write interest or a percentage. A signed blank is not memorised as a void note. The address of the Çankaya office does not change the enforcement office where the proceedings were opened. A result on the amount is not built before the original is seen.

It is not said that the agreement was this much when there is no concrete authority paper. If the petition only says the note is invalid, and does not show which element was written later, it stays incomplete. A decision is not built without separating a denial of the signature from an objection to the amount. If the minutes write which face of the note was left blank, those minutes speak.

The papers of proof

The documents read are the original note, the authority to fill it in if there is one, the current-account contract and the payment records. An invoice may show delivery of the goods. An invoice does not of itself establish that the figure written on the note is limited to that delivery. If the contract writes a ceiling, the ceiling is compared with the figure on the note. If there is no ceiling, there is no comparison either.

The application should say which element was left blank and what was written later. An application that does not say so stays as a general complaint. If service shows that the payment order reached the debtor, that date is kept separately. Service does not create authority to fill the note in. If the trade name on the register does not overlap the creditor line of the note, the lack of overlap is written separately. The lack of overlap does not bring interest or a percentage into this text.

Conclusion

A blank note produces risk from the gap between the signature and the element filled in later. Not every blank note is void. Interest and a percentage are not invented. An Ankara lawyer does not treat a signed blank as void of itself. The framework is on the enforcement and bankruptcy law page, and the basis is Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Is every blank note invalid?

No. Authority to fill it in, and the limit, are debated according to the concrete relationship. A signed blank is not treated as void of itself.

What should have been written?

A signature is risky before the amount, the maturity and the creditor are made clear. If there is no authority document, the limit can stay uncertain.

Is it a denial of the signature?

Sometimes the signature is accepted and the amount written later is debated. The claim that the signature is not yours is a separate door.

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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