In short
A formal notice before enforcement is the creditor's written warning of payment sent to the debtor. It does not open an enforcement file. It is used for default, for evidence, and sometimes for a contract term. It is not said that a proceeding without a notice is void in every claim. A notice is not an attachment decision.
When it is meaningful
In a claim on an invoice that has fallen due, or on a current account, the notice shows the debtor the amount and the day. If the contract has a term that enforcement comes after a notice, that term makes the notice meaningful. If there is no term, the creditor may still send a notice. Whether he has to send one is read from the contract and from the kind of claim.
A negotiable instrument, and some routes upon a judgment, open their own door. While there is an instrument or a judgment, a general condition of a notice is not looked for. Which route is open is understood from the document in hand. This article does not say there is no notice on every instrument. The instrument's own text is read.
What is written in the notice
The notice makes clear the item of the claim, the due date, the amount, the place of payment, and the period. It may also be written that enforcement will be moved to. An exaggerated threat, or a wrong amount, produces a conflict in the later proceeding. The amount comes from the invoice and the account summary. If a rounded figure conflicts with the statement, the debtor puts that conflict forward.
The period is written inside the notice. If the statute's fallback period and the period in the contract differ, the contract is read to the extent it is not contrary to a mandatory limit. This article does not freeze a number of days. The number is in the text of the notice.
Service is made by a notary, by post, or by the route agreed in the contract. If there is no service annotation, the notice is not treated as having arrived. A notice that did not arrive stays weak as a start of default. The annotation is kept.
After the notice
When the period ends, enforcement without a judgment or enforcement on an invoice is discussed. The notice does not stand in for the request for enforcement. The proceeding is opened by a separate application. The amount in the notice and the amount in the proceeding should be the same. If there is a difference, the reason for the difference is shown in the petition.
If the debtor pays in time, the proceeding may not be opened. A partial payment does not close the whole of the notice. The remaining balance is written separately. The date of the notice and the amount are on the payment slip.
The article my debtor is not paying recounts the general alarm of collection. This article does not repeat that alarm. The subject here is the written warning before the proceeding is opened.
How the notice is read
The notice goes to the debtor's service address. If the debtor is in Ankara, the service goes out to Ankara. If there is not yet an enforcement file, there is no office number either. The office being in Çankaya does not change the service address. An Ankara lawyer first asks for the text of the notice, the service annotation, and the underlying invoice.
This article compares the amount in the notice with the invoice total. If there is a difference, it asks which item was left out. It places the date of service and the period given in the notice side by side. A proceeding opened before the period ends gives rise to a debate if the contract has a period term. If there is no term, an early proceeding is not treated as void in every case. The contract clause is read.
If the notice goes to more than one debtor, each debtor's name, address, and share are written separately. In a joint and several debt, the text that goes to each may show the whole of the claim. In a partial debt, only that person's share is written. A notice sent without the share written leaves uncertain who is liable for how much. The uncertainty may turn into an error of parties in the later proceeding.
If the debtor promises payment after the notice is sent, that promise does not stand in the file if it is not in writing. A written promise should contain the amount and the day. The day does not of itself pass into the place of the period in the notice. If the creditor accepted the promise, he ties that to writing as well. While there is no acceptance, the proceeding is assessed separately after the period in the notice has ended. An oral postponement does not of itself bring down the right to proceed.
Conclusion
A formal notice before enforcement is a tool of warning and of proof. It is not a compulsory door in every file. It does not of itself open the enforcement file. The frame is on the enforcement and bankruptcy law page. The basis is the Enforcement and Bankruptcy Law No. 2004 and the debt relation's own rules. A compulsion is not stated without the contract. The question of what a formal notice is for recounts the written warning before the proceeding is opened. The warning does not stand in for an attachment decision.