In short
If a claim is assigned in enforcement, the party in the file does not change by itself. The question of what happens is the separation between the assignment paper entering the file and notice to the debtor. If the debtor paid the old creditor before learning of the transfer, the result is not the same as a payment made after notice. A percentage is not added to this text.
The assignment contract is not a file record
Assignment of a claim is the creditor transferring the claim to someone else by a written act. The transfer does not depend on the debtor’s consent. Notice to the debtor determines to whom a valid payment is made. The enforcement office does not scan this contract of its own accord. The old or the new creditor files the paper. An assignment that is not filed leaves the old name on UYAP. While the old name stands, a message from the new creditor does not produce an attachment notice. The paper should make clear which claim, which file, and which sum was transferred. The sentence “I assigned all of my claims” can confuse, across more than one file, which file number it is entered against. The file number is written in the assignment text or in an attached petition. In a partial transfer the sum is shown separately. This text does not tie a percentage to that sum.
Whom the debtor pays
A payment made to the old creditor before notice, as a rule, releases the debtor from the debt. The new creditor cannot demand that money from the debtor a second time. In the internal relationship a recourse claim against the old creditor can be a separate account. That account does not mean the debtor pays a second time. Money that goes to the old account after notice, or after the change of party, may not count as a valid collection against the new creditor. If the debtor pays both the old and the new creditor in full, an overpayment arises. The excess is a matter of return. Paying both creditors in full does not give birth to the debt twice. Notice can be a notarial warning, service, or a record entered in the file. Whether a message counts as notice is looked at according to who it came from and how it is proved.
Whose request drives the attachment
Until the party changes, attachment, sale, and waiver are made on the old creditor’s request. Even if the new creditor deposits sale expenses before entering the record, the request may be treated as not made. After the party changes, a waiver by the old creditor does not bind the new creditor. A waiver given before the change may have closed the file. If the transfer date and the waiver date collide, which one was entered first is read from the papers. If an objection or a negative declaratory action is still running, the party in the action is updated with the assignment as well. Changing only the enforcement file and leaving the action in the old name may not carry the judgment to the new creditor.
The instrument, the garnishee notice, and a transfer of property
Endorsement of a negotiable instrument is tied to a form different from assignment of an ordinary claim. Reading an endorsement as an assignment confuses the enforcement route. The chain of endorsements on the original instrument governs. A garnishee notice is an attachment annotation on a right in a third person’s hands. The creditor assigning the creditor’s own claim does not produce that notice. Sale of immovable property is a transfer of the asset. Assignment of a claim does not change the title deed of the asset. If the debtor put assets out of reach, the subject is setting aside the transaction. If the creditor sold the claim, the subject is a change of party. The papers that are read are the assignment contract, the notice, and the file record. Service separates whom the notice went to. The petition should state which file number was transferred. The decision does not write the attachment in the new name before the party changes. An invoice can show the claim. An invoice does not take the place of the assignment. The register shows who owns the asset. The register does not change the creditor’s name. The minute should state which of the waiver and the transfer was entered first. The application should show, with the file number, whether the new creditor entered the record.
Where the assignment file is read from
This article places the assignment contract, the notice printout, and the party record side by side. This article does not write a transfer percentage into this text. This article does not treat an assignment that has not entered the file as authority to attach. The Çankaya office does not change the competent authority.
Conclusion
Assignment of a claim in enforcement does not change the creditor’s name in the file by itself. The paper enters the file. Notice determines who is paid. An Ankara lawyer does not write a percentage without looking at the file. The frame sits on the enforcement and bankruptcy law page. The order of collection sits under commercial claims, entering a payment under I paid the debt, putting assets out of reach under setting aside a transaction, and the third-person notice under garnishee notice. The basis is the Turkish Code of Obligations No. 6098 and the Enforcement and Bankruptcy Code No. 2004.