In short
The question of who an enforcement surety is separates the person who signs, in the capacity of surety, the debtor's payment undertaking in the enforcement file. The debt is limited to the instalment and the amount written on the minutes. A surety in a bank, lease, or credit contract is not this capacity. There is no rate and no period in this text. Imprisonment is not carried automatically onto the surety's signature.
A rate that is not written in the file is not added. A rate that is not added does not give birth to a period either. A period that is not born is not written in the petition as a percentage.
What the minutes bind
The undertaking enters on the directorate's record that the debtor will pay the debt in the file on set due dates. The surety enters this plan as, if it is not paid, I am liable too. Writing "I am the surety" in a messaging application does not stand in for the minutes. A writing that does not pass is not pasted into the file as an enforcement suretyship.
The amount, the due date, and the surety's name should be clear on the minutes. An uncertain sentence of "I will pay if necessary" does not become the figure of the request for enforcement. The ceiling the surety is liable for is not widened from memory as the whole of the principal cover account. A ceiling that is not widened does not carry a rate either. If a rate is written on the minutes, it is read from there. If it is not written, it is not added.
If the debtor deposits the instalment, the surety's liability for that due date narrows according to the condition on the minutes. Which instalment was paid is followed from the record payment into the file. An oral statement of "I paid" does not save the surety. A statement that does not save is not accepted without a slip document.
The general frame of the payment undertaking sits under a payment undertaking. If the undertaking has no surety line, it does not give birth to a suretyship.
The separation from a contract surety
A contract surety signs when the debt arises. Whether it is ordinary or joint and several is in that document. An enforcement surety enters the file minutes after the proceeding has started. If the same person carries both capacities, the two documents are read separately. One does not of itself raise the other's limit. A limit that is not raised is not written as a percentage either.
The proceeding against the surety in the contract sits under enforcement against a surety. In a company debt, a partner's personal property is not the subject of attachment without a suretyship. That limit sits under a company debt. The capacity of partner is not the signature of an enforcement surety.
If the creditor asks for attachment against the enforcement surety, the request must rest on the suretyship on the minutes. A wage writing that belongs to the principal debtor does not of itself go to the surety's employer. The surety's property is shown separately. Property that is not shown is not assumed in the petition.
Breach does not write imprisonment onto the surety
If the debtor misses the due date, the creditor may file a complaint of breach. The addressee of the complaint is the debtor who gave the undertaking. Asking money from the surety does not mean coercive imprisonment was opened against the surety. The two results are not melted in the same petition. The frame of the breach sits under breach of the undertaking. The period is read from that record and from the minutes. This text does not write a period.
If the surety undertook the payment and gave a new undertaking in his own name, that second set of minutes is read separately. The suretyship on the first minutes is not treated as breach of the second undertaking. A breach that is not so treated is not carried into a request for imprisonment either.
If the minutes signed at an office in Ankara, and the surety lives in another province, they go to the surety's assets in that province. The place of the signature does not lock all of the surety's property to a single office.
An Ankara lawyer reads from the minutes that the office being in Çankaya does not choose the office where the surety will be proceeded against. The competent authority is read from the file in which the undertaking stands. A result of imprisonment is not born so that the suretyship passes of itself. The district of the office does not change the competent enforcement office. The office address does not stand in for the place of the signature.
If the due-date line on the minutes is blank, the gap is not filled with a general period. A gap that is not filled does not widen the surety's debt either. A debt that is not widened is not written as the whole of the principal cover account. A whole that is not written does not carry a rate or a percentage. A percentage that is not carried is not entered in the interest box of the petition either. A box that is not entered does not change the capacity beside the signature. A capacity that does not change does not make a witness record into a suretyship. A record that does not do so does not give birth to a result of imprisonment either.
The rate and the period are not written
This article does not add, to the surety line, a rate and a period that are not written on the minutes. This article does not read a witness signature as a suretyship.
Conclusion
An enforcement surety is the one who is surety for the payment plan on the file minutes. He is not a contract surety. Liability is limited by the minutes. The imprisonment debate remains with the complaint of the debtor's breach, and it does not pass to the surety of itself. The frame is on the enforcement and bankruptcy law page. The official basis is the undertaking provisions of Law No. 2004. The amount of the suretyship is not stated without a copy of the minutes.