In short
An enforcement file closes when the whole of the current balance is collected, or when the creditor waives in proper form. The first amount on the payment order is not the closing figure. Being taken off the docket, and a certificate of insolvency, do not count as closing. A closing period is not added to this text.
Erasing the attachment annotation is a writing separate from a line that says it closed on paper. Before the writing goes, the screen does not of itself stop the deduction. The current cover should show which item closed.
Closing by collection
The closing account is drawn on the day of payment. The principal, accrued interest, the fee, service, the costs of attachment and of sale, and the attorney's fee if its conditions have arisen, stand in the same table. Saying it was agreed by leaving one item out does not close the directorate's record. Closing depends on the whole of the table being entered in the file. An item that was not entered may keep the file open.
If the money entered the enforcement cashier, the collection line appears in the file. If it was paid to the creditor or to the lawyer, the closing may not be entered before a statement of collection is filed. If there is more than one debtor, one person's payment does not, in every file, bring down the other's suretyship or joint debt. Whose debt closed is read from the judgment or from the request for enforcement. It is not said that the other debtor was released too, before that is read.
Waiver, and giving up the proceeding
The creditor may give up the claim or the proceeding. The giving up is written to the enforcement office. If the scope is full, the balance may close. If it is partial, attachment may continue for the remaining item. A message or an oral statement does not bring down the attachment writing. For it to come down, the writing must enter the file.
Giving up does not mean the debtor's debt never arose. A release and a waiver are not the same sentence in every file. A release is a contract that ends the debt relationship. A waiver is not continuing the proceeding in hand. When the two are mixed, a debate about a new proceeding may open later. If the lawyer will waive, this authority is looked for in the power of attorney. A waiver without authority may be a subject of debate even if it looks as if it closed the file. The authority page must stand in the annex to the waiver petition.
Records that are taken for a closing
If the period for requesting attachment has passed and the file has been taken off the docket, the claim stands. Attachment may be requested by renewal. This is not a closing. The period is not written into this text as a new number of days. A certificate of insolvency shows the part that could not be collected. A creditor who takes the document may follow the same claim when he learns of new property. The document does not stand in for a release.
Enforcement without a judgment that is stopped by an objection is not treated as closed either. The stop does not close the creditor's route of lifting the objection or of annulment. Taking the stopped file for finished does not close the other side's route for you. The falling of the sale, or the lifting of the attachment, does not erase the claim. The record on the property goes. The claim may be discussed with other property, or by renewal.
Even if the file account closes, the bank, the employer, the title registry, and traffic may act on the old attachment writing. A lifting writing goes to each institution. Before the writing goes, a screen that says it closed may not free the wage at that moment. A payment made by skipping the fee line may delay the closing. The current cover should show the fee line as well. A new proceeding for the same claim after it closed meets a release or a payment document.
The neighbouring records are as follows. Entering the collection in the file sits under I paid the debt and enforcement did not stop, and being taken off the docket under a file taken off the docket. The certificate of insolvency sits under a certificate of insolvency, and the coming off of the attachment writing under lifting an attachment. This record separates closing from those headings.
Which paper builds the closing
The document that is read is the current cover and the writing of collection or of waiver. The cover should show, line by line, which item closed. If there is no line, it is not said that it closed. If the contract carries a release, the release and the waiver are read separately. The contract does not stand in for the waiver petition. Service separates, from the annotation, whether the waiver or the closing writing went to the other side. The annotation does not produce a new closing period. An invoice may show the source of the debt. An invoice is not the closing balance. The petition must write whether the waiver is full or partial. The annotation is not treated as erased before the decision, or the directorate's writing, notifies the relevant institution of the lifting of the attachment. The application must carry the cover and the payment document together. If the minutes write the cashier's collection, those minutes enter the closing. The registry may show a party's title. The registry does not write that the file closed.
Where the closing is read from
This article reads side by side the current cover, the waiver writing, and the lifting papers. This article does not write a closing period. An Ankara lawyer reads from the record in the file that the office in Çankaya does not change the competent authority. This article does not treat being taken off the docket as a closing.
Conclusion
An enforcement file closes by collection of the current balance, or by a waiver in proper form. The amount on the first payment order, being taken off the docket, and a certificate of insolvency do not produce this result. A closing period is not added. The frame sits on the enforcement and bankruptcy law page. The basis is the Enforcement and Bankruptcy Law No. 2004.