Enforcement & bankruptcy · Legal information

What Happens If There Is No Reply to a Garnishee Notice?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If no reply comes to a garnishee notice, this silence does not mean there is money at the bank. The third person may be obliged to notify the enforcement office of the right or the debt in hand, and if no notice is given the place that is looked at is the service record. The next notice is read from which notification was served. The reply day is not invented, and silence does not prove the balance of its own accord. On a paper without an annotation, the period is not treated as having started, and an assumed amount is not written in place of the third person’s reply either. A person who is not the addressee has not acknowledged the debt by silence. An electronic-attachment printout is not a copy of the reply to the notice.

Who is silent

The notice can go to a bank, to a tenant, or to another company that owes the debtor. The definition sits in the record on a garnishee notice, and the procedure of the party who writes the reply sits in the record on how a reply is given. The creditor does not build that petition from the third person’s mouth. Whether service was made is asked from the annotation in the file, and on a paper without an annotation the reply period is not treated as having started.

A bank, a tenant, or the debtor’s debtor can be the addressee of the notice, and silence by someone who is not the addressee carries no meaning. The creditor does not write the third person’s reply petition from that person’s mouth, and builds the creditor’s own request separately. The date on the annotation does not turn the reply day into a number in this article.

Neighbouring records

The employer’s salary deduction sits in the record on a salary attachment reaching the employer, and electronic attachment sits in the record on e-attachment. An asset enquiry does not take the place of the reply given to the notice, and the two are not the same service. An enquiry document is not pasted into the file as the third person’s reply. Salary the employer did not deduct is not read as the same result as the bank’s silence.

An electronic-attachment record is not the reply given to the notice, and an enquiry printout does not complete the third person’s notification. A salary writing that goes to the employer is not treated as a copy of the notice that goes to the bank. If the two services stand in the same file, the annotation of each is read separately.

The meaning of silence

The Act discusses the next notification, and some results, about a third person who does not reply. Which result arose depends on which notice was served. This article does not have that number and the reply day memorised. It is not said “the money is ours” without a photograph of the papers, and an assumed amount is not written in place of the service annotation.

If it appears in the file which notice was served, the next notification is discussed according to that record, and the number is not memorised. The reply day is read from the annotation. A day is not invented while there is no annotation. Silence does not of itself come to mean that there is a particular balance in the account.

If the person is not the addressee

If the third person is not an addressee at all, silence carries no meaning either. The creditor places the service annotation and the third person’s title in the file. An assumed balance amount is not written. The reply petition is not built from the third person’s mouth, and if there is no annotation the silence is not read either.

If the title was written wrongly, the addressee is not treated as having accepted the debt by silence. The creditor does not assume having passed to the next notification before placing the correct title and the service annotation in the file. Writing an amount while there is no balance document does not produce a decision in place of the reply.

Where silence is read from

The question of what happens if no reply comes to a garnishee notice is built from the service record and the next notification. An Ankara lawyer reads from the service that the office being in Çankaya does not change the office the notice was sent from. The reply day is read from the annotation in the file, and it is not frozen here. Silence is not put in place of a balance document, the reply petition is not written from the third person’s mouth, the reply day is not frozen on a paper without an annotation, and an electronic-attachment printout does not take the place of this reply either.

Conclusion

A notice without a reply is read with the service record and the next notification. While there is no annotation, the reply day and the balance amount are not invented, silence by someone who is not the addressee is not treated as an acknowledgement, an electronic-attachment printout does not take the place of the third person’s reply either, and an assumed amount is not written. Silence is not a balance, and the reply day is not frozen without the annotation in the file. Which notice was served is not memorised without a photograph, and an assumed amount is not written in place of the annotation either. If the third person is not the addressee, silence is not treated as an acknowledgement of the debt, and the reply petition is not built from that person’s mouth. The frame sits on the enforcement and bankruptcy page. The basis is the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

If the bank did not reply, is the money certainly there?

No. Silence is the question of whether the third person performed the duty to notify. Whether there is a balance in the account is the subject of the reply, or of the next step. The reply day is not frozen.

Is it this record as well if the employer does not deduct salary?

A salary-attachment writing that reaches the employer is the employer’s concern. This record reads the creditor not receiving a reply from a third person. The two see the same notice from two ends.

What happens after which garnishee notice?

This text does not memorise a number or a day. It is read which notice was served in the file, and whether the reply period ran. The next step is not chosen without the concrete papers.

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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