In short
A factoring claim is not read by taking the first seller who issued the invoice and the factoring company for the same creditor. The name in the request for proceedings is the person who took over the claim on the assignment line. If there is no line, the company does not of itself step into the seller's place. To whom the debtor paid is read from the notice and the payment slip. This writing answers from which paper the creditor's name in enforcement is read.
An invoice is not a document of assignment. A document of assignment does not stand in for the invoice either. If the two papers do not stand side by side, one does not carry the other's name.
The assignment list writes the creditor
The assignment line writes which invoice passed from whom to whom. The debtor's name, the invoice particulars, and the assignee's name are looked for on the line. The creditor is not counted as having changed unless the three overlap with the request for proceedings. A framework factoring contract does not of itself assign a single invoice. The assignment is in the list, or the assignment document, that shows that invoice. If one page of the list is missing, the invoice on the missing page is not assumed to have been assigned.
If the list counts more than one invoice, each line carries its own debtor and its own invoice particulars. The creditor does not write all the lines on the list to a single debtor. If the debtor's name appears on only one line, the other lines do not enter this file. If the invoice particulars on the line are faint or missing, the creditor does not complete the particulars from another period. Particulars that were completed are not on the list.
Financial leasing speaks of ownership of the goods and of the rent. Factoring speaks of assignment of a claim. The two contracts are separated in the article on a financial leasing claim. The capacity of lessor is not written in place of the capacity of assignee on the assignment line. A lease is not an annex of the invoice list. A lease paper stapled on as an annex does not produce the assignee's name.
The notice is a paper separate from the invoice
If the creditor is the factoring company, it places in the file the factoring contract, the assignment list, the invoice, and the notice made to the debtor. The notice is a separate writing that announces to the debtor to whom the claim was assigned. The invoice is the document of the price the seller issued. The seller's name standing on the invoice does not have the notice counted as absent. The invoice number standing on the notice does not erase the invoice either. The two papers are read together. If one is missing, the other does not carry its sentence.
The creditor's name in the request for proceedings must be the same as the assignee on the assignment line. If the name in the request has stayed with the seller, the company is not read as the assignee without an assignment line. If the name is the company's, the seller's old name is not continued as the creditor of the request. If the notice was made to another name, and the request writes a third name, the assignment is not counted as completed unless the three names overlap. A name that does not overlap is not corrected from this text.
If the notice counts particular invoices, an invoice that was not counted is not within the scope of this notice. The general assignment sentence in the framework contract does not of itself add to the list an invoice that was not counted. An invoice that was added does not become an invoice that was notified. The debtor reads whether the notice reached them from the record of service, or of acknowledgement of receipt. If there is no record, the notice is not assumed to have been made. An assumed notice does not change the place of payment.
To which name the payment went
The debtor keeps together the invoice that came from the seller, the notice of assignment if there is one, and the payment slip showing to whom they paid. A payment made to the seller before the notice, and a payment that must be directed to the company after the notice, are not the same slip. Which payment fell at which time is seen when the notice record and the date of the slip are placed side by side. If there is no date, the creditor does not choose a date.
The payment slip must show to whom payment was made, and against which invoice it was counted. If the other side's receipt and the slip conflict, the conflicting head is not invented. The conflict is seen by reading the two papers side by side. If the receipt was issued in the seller's name and the slip in the company's name, a single slip is not counted as having closed both names. Which name was closed is the account the money was posted to, and the name on the receipt.
The debtor cannot say that the factoring file closed of itself because they paid the seller. The closing is only whichever side the assignment line and the notice record write this payment to. If there is no notice in the file, this text does not complete which name the slip closed. A payment made to the company is not counted as having closed an invoice that is not on the assignment list either. If the invoice particulars are not on the slip, the head that was closed is not chosen.
An advance is not the debtor's balance
The advance the company made to the seller is not the debtor's invoice debt. The debtor is not a party to this advance. The advance is a financing movement between the company and the seller. The debtor's debt is read from the invoice line that was assigned. The rate of the advance is not in this text. The rate is not written of itself onto the debtor's balance. When the creditor asks the debtor for the finance they paid to the seller, they do not go outside the invoice line.
A recourse record writes the relationship between the company and the seller. This record does not change the debtor's name on the invoice. The debtor does not take the recourse line for the place where their own debt was erased. If, because of recourse, the seller also issued the same invoice to the debtor, the two requests are placed side by side with the assignment line. If the line assigned one of them, the other can be a second asking for the same claim. The frame of this result is in the article on a second set of proceedings. This text does not build that result. What it builds is that the advance and the debtor's balance are not the same head.
Even if the company made no advance to the seller at all, if the assignment line stands, the creditor's name is read from the line. The absence of an advance does not erase the assignment. The absence of an assignment does not make the advance the debtor's debt either. The two records do not stand in for each other.
Two names on the same invoice
If the seller and the factoring company opened separate proceedings for the same invoice, the two requests are placed side by side with the assignment line. If the line shows one name as the assignee, the other name is not continued as the creditor of that invoice. If the line does not show one name, that name does not step into the other's place. Even if the file numbers of the two files differ, if the invoice particulars are the same, the head may have been written twice. If the same particulars are not there, the two files are read separately as two separate invoices. The creditor does not count a similarity of numbers as identity of the invoice.
Proceedings without a judgment on a single invoice, without an assignment, are in the article on enforcement of an invoice. A factoring file does not make the invoice a copy of those proceedings without an assignment line. If a court judgment wrote the creditor separately, the name that is read is the name in the judgment. The separation of a judgment basis from a contract basis is in the article on the difference between proceedings on a judgment and proceedings without a judgment. If the dispute closed in mediation, the creditor's name is whoever it was written as in the minute. The minute is in the article on enforcement of a mediation minute. The minute does not of itself build an assignment that is not on the assignment list.
The assignment list, the invoice, and the notice can be compared with the name in the request for proceedings by the contact route. The comparison does not fill a missing name from this writing.
If part of the invoice was assigned, the list must separate the part on its own line. If it does not separate it, the creditor does not count the whole of the invoice as having been taken over. If the seller asks in their own name for the part that was not assigned, that part is the place left blank on the list. If there is no blank place, the two requests may be overlapping on the whole of the same invoice. This text does not produce a part that was not written on the list. The trading name of the factoring company differs from the seller's stamp on the invoice. The stamp does not erase the assignee's name.
If a counterclaim the debtor has against the seller arose before the notice of assignment, and stands in a written document, that document is read separately. If there is no document, the debtor cannot of themselves write an oral set-off into this file. If the set-off does not show on the payment slip from which invoice it was deducted, the deduction is not completed. If the company wrote in its notice that it accepted the set-off, the acceptance is limited to that writing. If it did not write it, the debtor does not count the internal account they made with the seller as having become final against the company.
If the debtor's name on the assignment list and on the invoice differ, the different name is not completed as the same person. If the invoice was written to one workplace, and the list to another legal person, to which name it was assigned is read from the line. If the line does not write both, the creditor does not make the branch and the head office a single debtor. The branch record does not change the head office's debt, nor the company's name.
Conclusion
A factoring claim is not read by taking the first seller's name and the company's name for the same. The creditor is the assignee on the assignment line. The notice does not stand in for the invoice. The debtor keeps the notice and the payment slip together. The advance is not the debtor's balance. If there is no line, or no notice, the gap is not filled from this text. The frame stands on the enforcement and bankruptcy law page. The name in the proceedings is read from the request and the assignment line within the frame of the Enforcement and Bankruptcy Code, Law No. 2004.