Enforcement & bankruptcy · Legal information

How Is a Payment Undertaking Given in Enforcement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A payment undertaking in enforcement is the debtor having it written in a minute that the file balance will be paid on particular due dates. It does not erase the debt. The sale does not stop of its own accord before the creditor’s acceptance is entered in the minute. In the minute, the balance, the due dates, and whether the attachment continues are separate lines. A message does not take the place of the minute of its own accord. The instalment day and the term of imprisonment are not in this text.

Balance and due dates in the minute

A minute is not drawn up without a current cover account. If principal, interest, fees, and the attorney’s fee dissolve into a single agreed figure, it is erased which item was paid in a later month. The cover lines are in the article on the cover account. The due date stands in the minute as a concrete date. The sentence “as the salary is paid” is not a due date. The undertaking is not treated as complete before a date is written. This text does not fill that date with a day count.

Whether attachment and sale stop throughout the undertaking is written clearly. A stop that was not written cannot take the notice down later on the words “we had agreed.” A part payment by itself is not an undertaking, and it does not lift the attachment. The distinction is under part payment. A part-payment receipt does not take the place of the minute of its own accord. If the receipt does not explain which due date it was written against, a debate on allocation arises.

If another person will sign beside the debtor, that person is read without being confused with a contractual surety. The capacity does not arise from having accompanied the signing, before the name and the scope are written in the minute. A signature whose scope is not written is not treated as given for the whole balance. The document shows whom the signature belongs to. A page that does not show it does not widen the undertaking.

Acceptance appears in the file

If the creditor or the representative does not sign the minute, a petition the debtor gives alone does not drop the request for sale. Acceptance is fixed by the signature or the statement in the enforcement file. Messaging does not change the hour of the notice before it is entered in the office record. The other routes that stop a sale are in the article on sale of assets. The undertaking is not a shortcut for those routes. The petition does not present an offer that has no acceptance as a decision that the sale has come off.

The representative’s authority to accept is looked for in the power of attorney. The signature of a representative without authority may not bind the creditor. The authority page is an annex to the minute. If there is no annex, the signature is not completed as if there were authority to collect. If the first item is written in the minute as payable in advance, the undertaking may not be treated as complete before it is deposited. The receipt for the sum deposited enters the file with the file number. A first sum that went to the wrong file number does not start the undertaking in this file. Service shows whether the minute went to the other party.

Breach sits outside this text

If an instalment is missed, the creditor can complain under the conditions in the Act. Acceptance of the complaint does not produce imprisonment in every file. A term of imprisonment is not written in this text. Coercion for a maintenance debt is not a copy of this undertaking either. The regime of breach is under breach of the undertaking. A declaration of assets is not an undertaking either. Mixing the declaration and the instalment in the same minute, as both a declaration and an instalment, blurs which duty was breached.

If the attachment did not come off during the undertaking, the deduction can continue. It is not said “I paid twice” before the deducted sum is allocated to that month’s due dates. The allocation appears on the cover. An allocation that does not appear is not built by the debtor’s note. The decision does not treat a due date that is not in the minute as breached. The complaint petition writes, one by one, which due dates were missed. A due date that is not written does not enter the imprisonment debate of its own accord.

When the minute is signed, the cover should show that day’s balance. If an old cover conflicts with a new interest line, it is erased which figure was undertaken. A figure that is erased is not completed later by a message. A message does not take the place of the signature in the file of its own accord. If it is not written that the attachment will come off, the deduction continues. The deduction does not take the place of the list of due dates. The decision is not treated as having added later a due date that is not in the minute. The set of documents is built from the cover, the minute, and the receipt.

What is looked at in the undertaking minute

The question of how a payment undertaking is given in enforcement depends on the current balance and on acceptance, and this article does not treat a one-sided offer as the sale having stopped. An Ankara lawyer reads from the document that the office being in Çankaya does not change the competent enforcement office. This article does not write the instalment day. This article does not write a term of imprisonment.

Conclusion

A payment undertaking is written into the file with the current balance and the due dates. If there is no acceptance, the sale does not stop. The attachment continues if it does not come off expressly in the minute. The imprisonment result of breach is a separate article, and the period is not in this text. The frame is on the enforcement and bankruptcy law page. The official basis is the payment-undertaking provisions of the Enforcement and Bankruptcy Code No. 2004. A due date is not stated without a current cover and a minute.

Legislation

Frequently asked questions

Does the attachment come off once an undertaking is given?

No. The undertaking ties the debt to due dates. The attachment does not come off unless that is written separately in the minute and the office sends a release. An instalment is not a waiver.

If the creditor does not accept, is there a minute?

The debtor’s one-sided instalment offer does not stop the sale before the creditor’s acceptance is entered in the file. Acceptance should appear in the minute or in a statement in the file. An oral “all right” message cannot take the notice of sale down.

If an instalment is missed, does imprisonment arise of its own accord?

No. Breach comes onto the record with the creditor’s complaint and the conditions in the Act. Not every missed instalment is imprisonment. This text does not write a term of imprisonment.

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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