In short
A partial payment into an enforcement file is the deposit of part of the balance with the cashier. The file does not close. The debate about interest and attachment continues according to the remaining balance. It is not said "I paid" before the amount deposited appears on the cover. There is no promise of a reduction or of a waiver.
What takes effect, and what does not
The result that takes effect is that the amount deposited appears on the cover and the balance falls. In some files the pressure of a sale may lessen. This does not mean the sale will stop on every partial payment. There are results that do not take effect as well. A partial payment is not a waiver. It does not lift the attachment of itself. It does not count as an instalment agreement. An instalment depends on the creditor's acceptance and on a separate undertaking.
A full payment is aimed at closing the file. A partial payment is not half of that aim. The remaining debt stands in the file. A frequent source of the complaint I paid the debt, enforcement did not stop is an incomplete deposit and the slip being entered against the wrong file number.
The slip and the file number
Payment is made with the file's file number written. A slip without a number may go to another file or to a suspense account. The amount, the date, and the name of the office are also on the slip. A payment made by hand to the creditor does not appear on the cover until it is entered in the file. If there is a hand payment, a collection receipt is taken from the creditor and notified to the office. If there is no notification, the attachment may appear to continue.
Allocation and interest
Whether the partial amount goes to the principal, to interest, or to costs is read from the cover and from the frame of the statute. A wrong assumption gives rise to an interest debate in a later period. The article interest explains how this item runs. This article does not freeze an order of allocation. The order is in the cover statement.
If the creditor will object to the allocation, he writes which item was deducted wrongly. The debtor asks for the same statement. It is not said "the interest was erased" before the statement arrives. The cover account is the name of this statement.
A partial payment before the sale
Closing the whole of the balance before the auction is the aim of paying the debt before the sale. A partial deposit does not always bring down the request for sale. If the sale day is fixed, whether the remaining debt closed before that day is shown with the slip. It is not said that the auction will be cancelled of itself while a remainder stands.
The attachment may also stand, after the partial payment, to meet the balance. Lifting is discussed when the balance closes, or by an act of the office. The bank block is not treated as lifted without a lifting writing.
How a partial payment is read
Payment is made to the cashier of the enforcement office where the proceeding stands. If the office is in Ankara, the cashier asks for that office's file number. If the file is in another province, the money must go to that province's cashier. The office being in Çankaya does not change the file number. An Ankara lawyer first asks for the slip and the current cover statement.
This article compares the amount on the slip with the amount deducted on the cover. If there is a difference, a correction is asked of the cashier. Whether the allocation was written to the interest item or to the principal is read from the statement. If there is a sale day, it looks at whether the remaining balance meets that day. If it does not, it is not assumed that the sale has stopped. The stop is in the office's annotation.
A debtor who has more than one file writes only one file number on each slip. If payment will be made to two files on the same day, two slips are cut. If one slip carries two numbers, the cashier may be unable to split the amount. An amount that cannot be split may wait in a suspense account. Money that is waiting is not treated as having reduced the balance of any file. The reduction is understood from the annotation on the cover.
If the creditor wants the attachment to continue over the whole of the assets after the partial payment, he writes the remaining balance. Saying "let the attachment continue as it is", without writing the remainder, leaves uncertain for which amount it continues. An uncertain request also confuses the preparation for sale. The request refers to the current balance on the cover statement. If the statement is older than the date of the request, a new statement is asked for. The document, the minutes, and the petition stay in the same file.
Conclusion
A partial payment reduces the balance. It does not of itself end the file and the attachment. A waiver and an instalment are separate acts. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Law No. 2004. It is not said that the file has closed without the slip and the cover.