Enforcement & bankruptcy · Legal information

How Is a Current-Account Balance Put into Enforcement Proceedings?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Putting a current-account balance into enforcement proceedings is not claiming the price on a single invoice, or a cheque. The creditor claims the balance at the end of the period. The statement, the contract, and whether the debtor objected to this balance are read side by side. A line on the statement is not a negotiable instrument. Interest, and the rate, are not tied to a figure in this text.

A current-account contract speaks of writing items of credit and debt on a single account. What is asked in the enforcement file is not the name of the contract, but which balance is claimed. If the statement has a return, a discount, and a set-off, the claim is not built by skipping them. A skipped line does not of itself make the balance final. If a set-off is hidden, the period balance is not claimed before the hidden line is corrected.

The statement shows the balance

The definition of the statement, and the formation of the contract, sit in the current account record. The document read in the file is the period breakdown and the account term of the contract. If the breakdown contains a return and a set-off, the claim is not built from the credit lines alone. A statement with a debt line hidden is not written as the whole of the balance. Which item was added on which date is read from the order on the paper.

A signature may be a sign that the balance was accepted. If there is no signature, the shipment document, the invoice, and the letter of objection stand separately. The lack of a signature does not of itself reduce the debt to zero. Acceptance also does not make every line that was not objected to final at the same weight. The petition does not stick a sentence of "there is no signature" onto the whole of the balance.

An invoice and a cheque are separate items

The route without a judgment for a single invoice sits in the enforcement on an invoice record. The skeleton of the request for proceedings sits in the proceedings without a judgment record. If the contract says there is a single account, the items sit inside that account. Picking one invoice and writing the whole balance onto it does not erase the other lines of the statement. The invoice is not the name of the account.

A cheque given to close the account is not the balance itself. If there is a cheque, its route sits in the enforcement of a cheque debt record. If the amount of the cheque and the balance on the statement differ, the two figures are not written as the same receivable. The reason for the difference may be a part payment or a new shipment. The reason is read from the document placed in the file, and the cheque does not of itself turn the statement into a negotiable instrument.

A line that was objected to inflates the balance

The debtor may have objected to some invoices and stayed silent on others. Silence does not have every item accepted. If an item that was objected to is buried in the claim without being taken out of the balance, the file swells on that item. The swollen part is not treated in the same way as the part that remained undisputed. Service shows which item was notified to the debtor. A line that is not in the service is not treated as notified.

The time for objection is not tied to a day in this text. The period is read from the service and from the text of the request for proceedings itself. The petition does not dissolve the item that was objected to and the item that was left silent in the same sentence. The decision does not write an unseparated balance as a balance that has become final. Which line is in dispute is shown without breaking the order on the statement.

The interest line is read from the contract

If interest is claimed, the rate is read from the contract term and from the line on the statement. This text does not write a rate. If the contract has no term on interest, that absence is not filled with a rate this text would invent. If the statement has an interest line, the basis of that line is asked for separately. Without a basis being shown, interest is not of itself added to the principal of the balance.

A lawyer in Ankara separates, from the line on the statement, the fact that the office being in Çankaya does not change the competent authority. The office in Çankaya does not choose the enforcement office. The name of the district does not stand in for a jurisdiction clause in the contract, or for the debtor's residence. The competent place is read from the file's own rule. The office address does not produce an interest rate either.

Where the balance is read from

This article reads a current-account balance from the statement, the contract, and the line of objection. It does not treat a single invoice, or a cheque, as the whole of the balance, and it does not fix the interest rate in this text. It does not bury an item that was objected to in the claim without separating it, and it does not swell the petition with a line that is not in the service.

Conclusion

Enforcement of a current account is read from the balance on the statement and from the contract. A single invoice, or a single cheque, is not counted as the whole of the account. Interest and the rate are not written. The frame sits on the enforcement and bankruptcy page. The basis is the Turkish Commercial Code, Law No. 6102 and Law No. 2004 on Enforcement and Bankruptcy.

Legislation

Frequently asked questions

Are enforcement proceedings on a cheque opened for the total on the statement?

A statement is not of itself a cheque or a promissory note. The negotiable-instrument route is discussed if a cheque or a promissory note is in hand. The balance is often read as the basis of enforcement proceedings without a judgment.

Must each invoice be a separate file?

If the contract says there is a single account, the items sit inside that account. Picking one invoice and writing the whole balance onto it does not erase the other lines of the statement.

If the other side did not sign the statement, is there no receivable?

It is not treated as absent. A signature may be a sign of acceptance. If there is no signature, the contract, the shipments, and the items that were objected to are read separately. The lack of a signature does not, on its own, reduce the debt to zero.

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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