Enforcement & bankruptcy · Legal information

Breaching an Enforcement Undertaking

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Breaching an enforcement undertaking is read as the missing of a payment plan tied to the minutes. This record separates the debate about coercive imprisonment from coercive measures for maintenance. There is no length of imprisonment and no instalment day here. A missed instalment does not of itself give birth to an imprisonment decision. A result is not stated before the minutes are seen.

What a payment undertaking in the file means

An undertaking is the creditor and the debtor tying a payment plan, before the directorate or in the form the statute accepts. The signature and the minutes are separate from an exchange of messages. A plan that was not entered in the file is not the basis of a complaint of breach. Whether the instalment covers the principal, the interest, and the costs is read from the minutes. The sentence "I will pay monthly" does not show the items.

If the creditor has not accepted the undertaking, the plan may not be binding. Acceptance is not of itself a waiver of the attachment. If a third person signed the minutes as a surety, his debt is a separate record and is not pasted onto this text. If a contract was signed outside, it does not stand in for the minutes at the enforcement office. A breach is not built before the two papers stand side by side.

How a claim of breach arises

When the due date passes, the creditor may file a complaint of breach. The complaint is not recounted like a criminal action. It is the coercive regime in enforcement law. The authority, the service, and whether the breach occurred are read from the file. The instalment day is taken from whatever the minutes write. This text does not freeze that day, and it does not add a day that is not in the file.

A partial payment does not remove the breach in every file. If it is uncertain to which instalment the allocation was written, the debate grows. A new undertaking does not always erase the old breach. The debtor may present a written excuse and a document before the due date. Presenting them is not acceptance. If the receipt does not show which item it was counted toward, the balance is not memorised.

Coercive imprisonment and imprisonment for maintenance are not mixed

Non-performance of a maintenance judgment is a separate field of coercion. A family file does not fit in the same sentence as a payment undertaking in a general enforcement file. The assumption that I served the imprisonment, so the debt is over, is wrong. Coercion is designed as a means of compelling payment of the debt. It does not extinguish the claim. The relation of payment and execution is looked at in the concrete decision. The length of imprisonment is not written as a figure in this comparison.

How the balance, the due date, and whether the attachment will stand are written in the minutes is read from the record of how it was set up. This record is the result of the missed instalment, not of that setting up. If there is a sale notice, the undertaking does not of itself stop the sale. The stop must be written separately. The petition cannot build a postponement that is not in the minutes as if it existed.

How the minutes are read

The undertaking minutes, the instalment table, and the service annotation are read together. An Ankara lawyer separates from the minutes that the office being in Çankaya does not change the competent authority. The length of imprisonment and the instalment day are not written into this text.

Imprisonment is not built while the minutes are absent

The debtor asks, line by line, for the balance in the minutes, which item was tied to the instalment, and whether the attachment stands. If there is no line, the sentence "we agreed" is not the document of the complaint of breach. An incoming payment is not treated as allocated before it is entered in the cover account. A receipt that was not entered is not a finding that the instalment closed either. The decision is not made before the minutes and the receipt stand side by side. A correspondence that does not stand in the annex to the application is not treated as completed with a due date remembered later.

The setting up of a payment undertaking, the lifting route of lifting an attachment, the notice of a declaration of assets, the notice of stopping a sale, and the coercion of maintenance is not being paid stand under separate headings. These five headings do not stand in for the payment minutes in the file. Not every missed instalment is imprisonment. An oral excuse does not stand in for the minutes. The length of imprisonment and the instalment day are not completed from here if they are not in the minutes. The competent authority is read from the office where the file was opened, not from the district where the office is.

If there is no line of the creditor's acceptance, the plan is not announced as a binding undertaking. If there is a surety's signature, his capacity is written separately, and the principal debtor's breach does not of itself put the surety into the same complaint. If the interest item does not stand separately in the minutes, it is not added from memory to the enforcement order. An item that is added also changes the subject of the complaint. The petition carries only the due date that appears in the minutes and the balance that appears. A sentence that does not carry them does not turn into a request for imprisonment. The decision is not made while the original of the minutes is absent.

Conclusion

An enforcement undertaking does not erase the debt; it ties it to a due date. A breach is a complaint regime separate from coercion for maintenance. The length of imprisonment and the instalment day are not frozen here. The frame sits on the enforcement and bankruptcy law page. The basis is in the text of the Enforcement and Bankruptcy Law No. 2004. A result of imprisonment, or of falling away, is not stated without the minutes and the balance.

Legislation

Frequently asked questions

Does an enforcement undertaking erase the debt?

No. An undertaking is the debtor's statement that the debt in the existing enforcement file will be paid on set dates. What is in question is tying it to a calendar, not erasing it. It is not treated as agreed before the minutes and the instalment plan are entered in the file.

Does breach of the undertaking give rise to coercive imprisonment?

The statute provides coercive imprisonment for breach of an undertaking on certain conditions. Not every missed instalment is imprisonment of itself. The complaint, service, and a justified reason for the breach are debated. The length of imprisonment is not fixed in this record. Coercive measures for non-payment of maintenance are under a separate heading.

Does a justified reason prevent the breach?

Illness, unemployment, or an unexpected difficulty in payment is not treated as a justified reason accepted in every file. The claim is documented. An oral excuse does not stand in for the minutes. Acceptance is not a promise of a bar on imprisonment.

Does the attachment come off when the undertaking is given?

If there is no waiver by the creditor, or no request for lifting, the undertaking does not on its own mean that the attachment has come off. A postponement of the sale, or an instalment, is written separately by an act inside the file. The undertaking is not a copy of the record of lifting the attachment.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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