In short
Enforcement proceedings for an invoice are taking an unpaid price of goods or services into the file by the route without a judgment. The invoice is a supporting document. It is not a court judgment. The bills route is not suitable for an invoice. If there is a cheque or a promissory note, that instrument's route is separate. There is no promise of collection.
The supporting documents
Before the request for proceedings, the invoice, the delivery note or the record of delivery, the contract or the order, and the receipts of partial payment with the due date, are read together. A claim of short delivery or of a defect can come as the debtor's defence in the objection. An invoice on its own may not be treated as sufficient evidence in every court. The commercial books and the correspondence support the sum. While there is no support, the invoice number does not mean the debt is undisputed.
The head of the claim, the request for interest, and the debtor's trade name are written clearly in the request. A wrong tax number or a wrong trade name opens a discussion of service and of jurisdiction. The trade name is compared as to whether the debtor on the invoice and the party in the contract are the same. If they are not the same, the proceedings go to the person written on the invoice, not to the person who issued it. Which company will be treated as the debtor is built from the document.
When an objection comes, the proceedings can stop
If the debtor objects, the proceedings can stop. The creditor weighs lifting the objection on the basis of a document, or the route of setting the objection aside in the ordinary court. The two routes are not melted in the same petition. The invoice does not of itself drop the objection. Proof is built from the contract, the delivery and the correspondence together with the invoice. If a formal notice was sent, the text of the notice also stands in the file. The notice does not make the invoice a judgment.
A current-account contract is a separate frame. A single invoice and a period balance are not mixed. The period balance is read from the current-account records. A progress payment is the price of the work that was accepted, and it is not the same pattern as an invoice. This text does not rebuild those two doors. The question here is which route of proceedings the invoice entered.
The door without a judgment is not the route on a judgment
An invoice is not, as a rule, a judgment. Proceedings on a judgment require a court decision, or a decision equivalent to one. The invoice having been issued does not of itself give rise to that decision. A sample request for proceedings is not built here. The request writes the head of the claim and the debtor from the document. If interest is claimed, the request is express. While there is no request, interest is not treated as having run of itself.
Before the payment order is served, the proceedings are not treated as having reached the debtor. The service slip is looked for in the file. If the address on the slip and the address on the invoice conflict, which address was used is written. The conflict is not the absence of the debt. Even so, service that went to the wrong person is not treated as having been made on the right debtor.
The creditor writes, one by one, which invoices will enter the request for proceedings. Each line takes the date, the number and the price of the invoice from the document. The price is the figure on the invoice. If there is a discount or a return, that also appears in the document. A reduction that does not appear is not added to the request. In a service invoice, correspondence that the work was done, or minutes of delivery, is the counterpart of the delivery note on an invoice for goods. While there are no minutes, the service is not treated as having been performed. A partial objection stops the head that was objected to. A head that was not objected to is followed separately in the file. The two heads are not treated as closed in the same sentence. A claim of a defect is shown by correspondence after delivery. While there is no correspondence, a defect does not of itself drop the invoice. A claim of dropping it is built with a document.
What is separated in the file
A claim on an invoice is read apart from a claim on an instrument and from a claim on a judgment. A lawyer in Ankara places the invoice, the contract and the record of delivery side by side. The office being in Çankaya does not change the enforcement office or the competent court. Jurisdiction is read separately through the debtor's place of residence and the type of proceedings.
In practice this text follows this order. First it looks at whom the invoice was issued to, and at the due date of the price. Then it asks whether there is a document that the delivery or the service was performed. Then, if there is a receipt of partial payment, it builds the balance from the document. If an objection has come, it does not join the route of lifting it and the route of setting it aside in the same sentence. If there is a cheque or a promissory note, it does not stick the bills door onto the invoice proceedings.
This text also limits the papers to be put in the petition. The invoice, the contract, the delivery note and, if there is one, the formal notice stand in the same envelope. A measure of collection is not given without the set of documents. A claim of a current-account balance, or of a progress payment, is not built with the sentence of a single invoice.
Conclusion
Enforcement of an invoice runs from the door of proceedings without a judgment. It is not the route on a judgment. The frame is on the enforcement and bankruptcy law page. The request of proceedings without a judgment, the notice of a payment notice, the period balance of a current account and the trade name of the company on the invoice are read apart. The basis is the text of the Enforcement and Bankruptcy Code, Law No. 2004.