Enforcement & bankruptcy · Legal information

Which Fee Is Asked Back When the File Closes?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When the file closes, not every amount that was paid is asked back. The closing endorsement is not a refund list. An unspent expense advance and a fee that arose at the moment of collection are separate lines. Which one is asked back is read from the ground of the closing and from the cashier's statement. A sum and a rate are not in this text.

The name of the head that arises at the moment of collection is in the article on the collection fee. This text does not build that definition. How the lines stand in the file is under the cover account. The entering of the money in the file is in the article on payment into the enforcement file. The place where the deduction continues despite the closing is under I paid the debt. What is read here is only that the closing will not be counted as a refund.

The closing endorsement is not a refund list

The file may have closed by collection, by a waiver, by cancellation, or by being taken out of process. These grounds do not give rise to the same refund sentence. Which fee is asked back is not written before the ground line is read. If the endorsement only says "it closed", a list is not built. The list is built with the names of the lines on the cashier's statement.

In a file that closed by collection, money may have come in. In a file that closed by a waiver, the creditor may have given up the proceedings. On cancellation, the document of the proceedings may have fallen. On being taken out of process, the file may have stayed still for a period. These four grounds do not give rise to the same outgoing payment at the cashier. If the name of the ground is not on the statement, the ground is not chosen from the debtor's guess.

Closing is not an order to give back to the debtor, or to the creditor, the whole of the money the creditor paid at the start. Who paid it appears on the statement. A person who does not appear is not completed as the recipient of the refund. The return of money the debtor overpaid also stays outside this question of the fee. That dispute is not mixed with the record of payment into the file. This text does not conclude the refund of an overpayment.

An unspent advance is a separate line

The unspent part of the expense advance left when the proceedings were opened, if it stands on the statement, can be the line mentioned in the refund request. Mentioning it in the request does not mean the money will return. The return is read by the refund record at the office. If there is no record, the money is not treated as having gone out because the advance is standing.

The advance is not a single bag. Parts set aside for service, post, attachment and preparation of a sale can stand on the statement under separate names. One part may have been spent and the other may be standing. The part that is standing is not asked back together with the part that was spent. Which part is standing is read when the slip and the office line are placed side by side. If there is no slip, it is not said "it was not spent".

A cost spent for service, post and attachment may have melted inside the advance. A melted line is not the amount asked back. If a mark of "spent" is not on the statement, it is not said it was not spent either. The mark stands side by side with the slip and the office record. If there is no slip, a cost is not invented. If the document number of the spent cost is not in the file, the number is not written as a sample.

A fee that has arisen does not of itself enter the refund list

A fee head that arose because collection took place is not written onto the repayment list with the closing stamp. This sentence does not build the definition or the tariff of that head. The definition is in a separate article. What stands here is only that the closing did not turn that head into a refund. If the rate is not in the file, it is not added. Even if a rate appears in the file, this page does not recalculate that rate.

If the proceedings closed without ever reaching collection, the head that arises at the moment of collection may never have been opened on the statement. A head that was not opened does not enter the refund list either. Because it did not enter, it is not said "let that fee come back too". If the head was opened and collected, the closing does not of itself turn the opened head into an order of repayment. The turning appears only on a separate refund line.

A head paid in advance may have been set off later. A set-off is not a refund. In a set-off, the money is counted against another line. In a refund, the money is looked for as a record returning to the party who paid it. If the two operations do not appear separately on the statement, both are not treated as being there. The petition cannot rename the set-off as a refund.

The money does not return without a refund record

Asking it back writes which line was not spent, and what the ground of the closing is. The writing is not the movement of the money. The movement appears in the refund record at the office. If there is no record, the request is not treated as concluded. It is not said here that there will be a refund.

The refund record is not treated as a completed movement unless it also shows to whom, and to which account, the money will go out. If the account line is blank, the recipient is not invented from the IBAN in the petition. If the IBAN is not in the file, this page does not produce an account. The outgoing slip and the request petition are separate papers. If there is a request and no slip, the money is not assumed to have returned. If there is a slip and no request, which line the slip belongs to is read from the statement. Before it is read, the slip is not widened as a refund of all the fees.

A bank receipt can show the day the advance was first paid in. That receipt does not show that the money went back out on the day of closing. The document of the outgoing return is separate. If there is no document, a refund is not assumed to have happened. A photocopy of the endorsement does not stand in for the cashier's outgoing slip. Taking the endorsement to the bank does not start the refund movement either. The bank does not pass money into the account without an outgoing record from the office.

The ground of the closing chooses the list

The ground limits which lines the refund request can mention. On a closing by collection, the money that came in and the advance left at the start are not written on the same list. On a waiver, the head the creditor gave up and a spent postal cost are not asked back in the same sentence. On cancellation, the document of the proceedings that fell does not of itself make a spent attachment cost a refund line. On being taken out of process, the file staying still does not mean every head that was paid is standing.

The limit is not drawn on this page with a sum. The limit is the name of the line on the statement. A head that has no name is not added to the request. If a name added to the request appears as spent on the statement, it is not read as an unspent advance. The reading depends on the ground endorsement and the cashier's statement standing in the same file. If the files are mixed, which file closed is separated first. The closing endorsement of the wrong file does not open the refund list of the right file.

The closing may not have erased the attachment writing at the institution that day either. The erasure is followed by the writing that went from the office to the institution. Before the writing goes, the closing stamp does not mean the block at the bank has lifted. The block and the refund of the fee are separate records. One is not treated as being there before the other appears.

The outgoing slip does not show the first payment as returned

The receipt of the advance that was first paid is not the document of the day of closing. That receipt shows that the money entered the office. The outgoing return is a separate slip, or an office payment record. If the incoming slip is in hand and the outgoing slip is not, the money is not assumed to have returned. If the outgoing slip is in hand and it does not write which line it belongs to, the slip is not widened as a refund of all the heads.

The refund may have gone out to the account of the person who paid, or it may be waiting at the office cashier. A sum that is waiting is not a sum that has passed into the account. That it passed into the account is looked for separately in the bank movement. If there is no movement, an endorsement of "refunded" is not, on its own, treated as the money having passed. If the endorsement and the movement conflict, the state of the movement is read. If the status line is blank, the refund is not declared complete.

A new expense slip may have entered the file after the closing. The new slip may have melted an advance that was standing earlier. The line that was melted is not the same as the statement on the day of closing. For that reason a refund list is not built by looking only at the closing endorsement. The list is built with the names of the lines on the latest cashier's statement. A line whose name was erased is not asked back because it stands in the petition.

If the refund request writes the name of a line, that name is looked for on the statement. If the name is not on the statement, the request does not of itself cover the neighbouring head. If the neighbouring head appears as spent, it is not taken into the sentence of an unspent advance. A head that was not taken is not added to the list by the petition's general word "all fees".

If the cashier's statement was renewed after the closing, the old statement is not made the only source of the refund list. A line erased on the new statement is not counted as a head to be asked back because it stands on the old paper.

Conclusion

Closing does not bring back every fee that was paid. An unspent advance and a head that arose on collection are read apart. A set-off is not written in place of a refund. The ground endorsement chooses which line can be mentioned. The money is not treated as having returned if there is no refund record at the office. The frame is on the enforcement and bankruptcy law page. The closing and collection regime of the file is read according to the provisions of the Enforcement and Bankruptcy Code, Law No. 2004. If the ground and the cashier's statement are in hand, they can be looked at separately through contact.

Legislation

Frequently asked questions

Because the file closed, does the whole of the fee that was paid come back?

It is not said that it comes back. Closing is not the refund of every amount that was paid. An expense that was spent and an unspent advance are separate lines. Which line will return is read from the cashier's statement. A sum is not written.

Can an unspent expense advance be the subject of a refund request?

An advance that appears unspent on the statement can be the line mentioned in the refund request. A spent cost of service, post or attachment is not written onto that line of itself. If there is no statement, it is not said it was not spent.

Is a fee that arose during collection asked back on closing?

The closing stamp does not of itself put that head on the list of repayment. The name of the head is in the article on the collection fee. This answer does not build that definition. There is no rate and no sum.

Are a head paid in advance and a refund the same line?

They are not the same sentence. A head paid in advance may have been set off. A set-off does not mean the money came back. Whether it is a set-off or a refund appears separately on the statement. Before it appears, the two are not counted as one.

Does taking the closing endorsement to the bank start the refund?

It does not. The endorsement shows on which ground the file closed. The money is followed by the refund record at the office. If there is no record, the endorsement is not treated as having passed money into the 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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