In short
Joinder of enforcement files is the running, in a single file, of more than one proceeding between the same creditor and debtor. Not every record that appears in UYAP joins of itself. A request, and a decision of the enforcement office, are required. Joinder does not guarantee that money will come out of an attachment. If a payment will be made, the file number is written separately on the receipt.
Which files are discussed
Joinder is meaningful, most often, in money proceedings opened one after another between the same creditor and the same debtor. If the bases are similar, for example separate invoices arising from the same current account, the office may discuss running them in a single file. Different judgments, different kinds of proceeding, or different debtors do not enter the same mould.
If a surety or a joint debtor stands in a separate proceeding, joinder does not happen of itself with the principal debtor's file. The article a proceeding against a joint debtor recounts that capacity. This article does not melt the surety and the principal debtor in a single file. In which file who appears as debtor is read from the request for enforcement.
Files at different enforcement offices do not join with a single click either. If the offices are separate, jurisdiction, and at which office the file will be gathered, are asked separately. The creditor's word "make them all one" does not stand in for the office's decision.
How the request is built
The creditor writes in the petition the file numbers he wants to join. The parties, the amount of the claim, and the basis of each file are shown shortly and separately. The sentence "all the files in the system" leaves uncertain which records are meant. The office may not join a file that was not listed.
The office examines and enters an annotation. An act done while there is no joinder decision or annotation continues to run with the old file number. It is looked at whether a copy of the decision was entered in both files. An annotation entered on one side and not on the other produces confusion at the cashier.
The debtor may also ask for joinder. The capacity of a party, and the office's practice, decide. The principal request most often comes from the creditor, because more than one fee and act are in the creditor's proceeding. The debtor's request does not of itself remove the creditor's right to continue separate proceedings.
To which file the payment is written
If, while there is no joinder decision, the debtor pays with a single receipt saying "the whole of my debt", it becomes mixed to which file the money will be entered. The file number, the creditor's name, and the amount are written separately on the receipt. The cashier may take a payment without a number into the wrong file, or into a suspense account.
After joinder, new payments are followed according to the new file number of the joined file. The old number stays in the reasoning of the decision. A later attachment made with the old number may give rise to a duplicate act. The rule is the same at an office in Ankara and at an office in another province: the act goes to the file number written in the decision.
A partial payment also asks to which of the joined claims it will be allocated. If the contract has an order of allocation, that order is read. If it does not, the office looks at the arrangement of interest and principal in the file. Allocation is not tied to a single formula in this article.
Routes that are not joinder
If the condition is absent, the files run separately. The creditor discusses joining an attachment, the order table, or parallel routes of collection. Joining an attachment recounts joining, and distribution of the monies recounts the division of money that entered the cashier. Joinder is not one of these two acts.
Two memoranda going to the same wage in separate files may collide at the employer. The collision is managed even without a joinder decision. The employer reads from the memoranda which file he will deduct what for. The debtor shows with the payroll that the deduction was made twice.
Closing of the file is also independent of joinder. One file may close by waiver or by collection while the other stays open. The article how a file closes is of that aim. A file that closed is not written into the joinder petition.
What is asked before joinder
If the proceeding is at an enforcement office in Ankara, the papers are in that office's folder. If the debtor's property is in another province, the attachment writing goes to that province, and the file still stays at the office where it was opened. The office being in Çankaya does not change the file number. An Ankara lawyer first asks for the file list in UYAP and for the party of each of them.
This article makes the following check before the joinder petition. Are the creditor and the debtor of the files the same? Is the kind of proceeding the same? Has one stopped on an objection, and has the other become final? Is one upon a judgment, and the other without a judgment? Joining files at different stages may carry the acts of the stopped file into the moving file. For this reason the stage is written openly in the petition. It is not said "let them be joined" before the stage is written.
If the creditor company opened proceedings in the name of more than one dealer or branch, the party column is read separately. Similarity of title does not mean the party is the same. The tax number, and the creditor's name in the request for enforcement, are taken as the basis.
The finality annotation of each file is also attached to the joinder petition. If one has stopped upon an objection, the acts of that file should not be carried into the file that has not stopped. If the office joins the stopped file, the effect of the objection is debated. For this reason which file became final is written in the petition in a single sentence. A file without a finality annotation is not taken onto the list as "it is already finished". The creditor shows the annotation from the UYAP printout.
If the debtor wants a single payment plan after joinder, he writes this separately. A joinder decision is not an instalment contract. An instalment depends on the creditor's acceptance and on notice to the office. If the debtor deposits a single instalment while there is no acceptance, the money is allocated to the file number on the receipt. The allocation does not of itself close the other files.
Conclusion
Joinder of files is a procedural convenience with a condition. The same parties are not enough on their own. While there is no decision, a payment is followed according to the file number on the receipt. A result of attachment is not guaranteed. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Law No. 2004.