Enforcement & bankruptcy · Legal information

How Is a Foreign-Currency Claim Asked for in Enforcement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of how a foreign-currency claim is asked for in enforcement is writing the foreign currency in the supporting document into the request for proceedings in the same unit. The rate on the day of collection does not, in every file, stand in for the rate on the day of the proceedings. The interest line stands apart from the rate column. Which column will be read comes out of the contract and the sentence of the request. A rate and a percentage are not in this text.

A screenshot of the day of the proceedings is not stuck in place of the principal claim so that it will pass of itself to the day of payment. If a column is written in the contract, that line is read. If it is not written, the column is not invented. If there is more than one currency, each stays on a separate line. A euro debt is not added to the dollar line.

How the currency stands in the request

The creditor writes the principal claim as the foreign currency in the supporting document. Beside it, they add that it will be converted into Turkish lira at the moment of collection, and from which official column in the file the rate will be read. If the distinction of buying, selling or effective is written in the contract, that line is read. If the contract is silent, the office should show on the cover the column it applied. A column that was not shown can later be the subject of a complaint. Locking the rate on the day of the proceedings in place of the principal claim cuts off a later rise or fall without telling the parties.

If a partial payment was made in foreign currency, the equivalent of that day is processed separately. If Turkish lira was paid in, which rate it was divided by on the day it was paid appears on the cover. A set-off that does not appear does not produce a sentence that the debt has ended. The cover lines stand under the cover account. An invoice can show the foreign-currency principal. The invoice is not the rate column itself. If a document is missing, the name of what is missing is kept. A missing document is not completed with a sentence about a percentage.

The interest line is separate from the rate

In a foreign-currency claim, interest is asked for by that text if it was agreed in the contract, and by the regime the statute shows for foreign currency if it was not agreed. The rate is not written in this text. Writing the exchange difference as accrued interest makes both heads disputable in the objection. How interest is separated into lines stands under interest in enforcement proceedings. The fee accrues on Turkish lira. Who the fee comes out of stands under the enforcement fee. A fee receipt does not mean the foreign-currency principal was paid.

If the decision melted interest and the rate on the same line, that line is read separately. While there is no decision, the two heads are not joined. The petition should show the principal claim in foreign currency, and the interest as a separate line. A single line is not treated as having made the rate into interest. Service takes the currency in the payment order to the debtor. The endorsement of service does not choose the rate column.

Which column the day of payment reads

The debtor cannot lock the debt to a single Turkish-lira figure with the picture on the date of the proceedings. The creditor cannot freeze the high rate of the day of the proceedings on the day of payment either. The file applies the current rate at the time of payment or of collection by attachment. Which column will be used is read from the sentence of the request. If the contract is silent, the column that was shown should stand on the cover. The minutes can show the date of the Turkish lira that entered the till. If there are no minutes, the day of the set-off is not completed. The registry can show the debtor's trade name. The registry does not write the exchange rate.

The application should show, with the supporting document, which currency will be asked for. If there is no supporting document, the currency is not invented. If more than one foreign currency stands on the same cover, each line carries its own unit. A mixed line spoils the claim, not the rate. The payment receipt should write which day the sum that was paid belongs to. If there is no receipt, the day of payment is not completed. A day that was not completed is not written as the day of the rate.

The route on a judgment and the route without one

If the judgment carries a foreign-currency claim, the proceedings are on a judgment. If an invoice or a contract writes foreign currency, and there is no judgment, the route stays without a judgment. The currency does not turn a judgment into proceedings without one. The other elements of a request without a judgment stand under a request for proceedings without a judgment. If the judgment carries foreign currency, the route of the document stands under proceedings on a judgment. If the judgment has written from which day the rate will be read, that sentence is taken as the basis. If the judgment is silent, the request for proceedings does not change the currency of the judgment.

While there is a judgment, the contract does not stand in for the judgment. While there is no judgment, the contract is the basis of the currency. If the two documents conflict, which is current is read from the file. The conflict is not closed by adding a percentage. In a file on a judgment, interest is not carried outside the frame the judgment drew. If there is no interest in the judgment, a rate is not added to the sentence of the request.

Where the rate is read from

The contract and the payment receipt stand side by side, and this text does not add a rate or a percentage. A lawyer in Ankara reads, from the record in the request, that the office being in Çankaya does not change the competent authority. This text does not put the rate on the day of the proceedings in place of the day of collection. This text does not write the exchange difference as accrued interest.

Conclusion

A foreign-currency claim is written into the request for proceedings as foreign currency. The rate on the day of the proceedings does not, in every file, stand in for the day of collection. Interest and the fee are separate heads. A rate and a percentage are not written. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code.

Legislation

Frequently asked questions

Is a foreign-currency debt enforced by converting it into Turkish lira?

The claim can be written in the request for proceedings as the foreign currency in the supporting document. Conversion into Turkish lira at the time of collection is read from the rate column in the file and from the day of payment. The rate on the date of the proceedings is not of itself a lock in every file.

Is the exchange difference interest as well?

No. The rate is the Turkish-lira equivalent of the foreign currency. Interest is the return that has accrued on the claim. Gathering the two on a single line blurs the cover account.

If the judgment writes foreign currency, is the route without a judgment entered?

No. If the judgment carries a foreign-currency claim, the proceedings are on a judgment. If an invoice or a contract writes foreign currency, and there is no judgment, the route stays without a judgment. The currency does not change the route of the proceedings.

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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