In short
A second creditor does not become a party to the first file of its own accord. If two persons claim a right in the same debt, the file is read from the creditor line on the enforcement request. A person whose name is not on the line cannot ask for attachment and collection. Opening a second enforcement file does not make that person a party to the first file.
Whoever is written on the line is who is read
The enforcement request can write one name, or several names, in the creditor box. A name that appears in the founding contract, but is not written on the request, is not added as a party by the office. A document is needed for it to be added. That the person is a creditor together, that the person took the debt over, or that the person is an heir, is shown separately. The transfer is in the article on assignment. A certificate of heirship is not an assignment contract either. Which paper was submitted stands in the annex of the petition. While there is no annex, an oral partnership does not fill the party box.
If two names are written together on the request, the file looks at both of them. If one later says “I was there too,” this sentence does not widen the line of the first request of its own accord. The widening is read by the submitted document being entered in the file. A document that is not entered does not add a second signature to the attachment letter. If the person who issued the invoice and the person who signed the contract are separate, which of them is written on the request is read. If the name on the invoice is not on the request line, the office does not make that name the creditor of its own accord.
A power of attorney does not widen the line either. The attorney of one creditor cannot ask for attachment in the name of the other if the other’s name is not in the power of attorney. If the power of attorney counts both names, the names it counts are placed side by side with the line on the request. A name that is not on the request does not become a party on its own by the power of attorney. The party is read from the request and from the document entered in the file.
The request of the person whose name is not written
Attachment, sale, waiver, and drawing money run in the name of the creditor in the file. A message the second person wrote to the office does not open a party record. The debtor enters, in the account of that file, the amount the debtor paid to the creditor on the cover. The internal account of the person whose name is not written with the creditor on the cover is a separate dispute. The internal account does not give birth to a second creditor line on the cover.
The internal account can be a receipt given by hand, or correspondence between the two persons. These papers are not an office record before they are put in the file. Even if they have been put in, if the paper does not announce as creditor a person who is not written on the request, the announcement is not added to this text. If the debtor says “I paid the person whose name is not written,” to whom the receipt went, and under which file number, is read. If the file number does not match, a payment that does not match is not treated as having closed the debt on the cover.
A full payment to both persons does not give birth to the debt twice. The route of excess collection is not built in this text. Asking for the same item from two files is in the article on a second proceeding. This page does not tell again the waiver of a duplicate file number, or its fee. What is told is to whom the first file is read as belonging. A fee item does not make the second name a party either. The item belongs to the file of the creditor standing on the cover.
If the share is not written, the office does not divide
If both are creditors, both stand on the request. If the amount is to be shared, the part each one asks for is written. If it is not written, the office does not split the money that comes in into two of its own accord. A joint right and a shared right are not the same sentence. Which one it is is looked for in the basis. If the basis does not write that each one can ask for the whole, a full authority is not added to a single name. If the share is not on the document, it is not added.
If the money that came in has entered the file account, the entry is not divided into shares by a power of attorney or by a message. The division is read from there if it is written on the request, or on a sharing paper put in the file. If there is no writing, the office does not put out a payment to one name as if the other’s consent were there. The consent of one name is not treated as completed without the other’s signature.
The waiver of one does not close the other’s share of its own accord. The waiver document must show in whose name it was given. If the document relates to a single name, the other is not treated as having waived. While there are not two signatures, a single signature is not announced as having bound both creditors. If the waiver is not written as given for the whole of the debt, the part that is not written is not treated as closed. The part that is not closed is read separately for the other creditor whose name stands on the line.
A second cover does not add a party
A second proceeding is asking for the same debt once more under a new file number. It does not put the person whose name is not written into the first file. Joining two files, and a merger of two companies, are not this question of party either. Joining files is under joining enforcement files. A decision to join does not make a creditor who was never written on the request a party. The decision shows which file numbers will be read together. A decision that does not show that does not add a new name.
A proceeding that went to the wrong person does not increase the number of creditors. An identity mismatch is in the article on enforcement opened against the wrong person. A mistake in the debtor box does not write a second name in the creditor box. A change of the debtor company’s title does not give birth to a second creditor either. The title is the subject of the debtor line. The creditor line does not multiply of its own accord with that change.
A surety and an indorser are not the creditor line
The chain of indorsement on a note does not write a second creditor into the first file of its own accord. How the indorsement is read is in the article on indorsement on a note. Indorsement is the transfer face of the note. The transfer is not an office record before it is entered on the creditor line of the enforcement request. An indorsement that is not entered does not add a second signature to the attachment letter. A person who says the person holds the note is not a party if the person’s name is not on the request.
A surety is not a second creditor either. The sentence of suretyship does not mean the surety took the debt over. How the sentence is read is in the article on suretyship on a note. The surety is a capacity standing beside the debt. The capacity does not split the creditor box in two. A claim that the surety made a payment to the creditor does not change the creditor line if there is no assignment or collection document. If there is a document, the document shows who remained a party. If it does not show that, the surety is not announced as the new creditor of the file.
If the two records are mixed, the note, the request, and the file annotation are read separately. While there is no annotation, a signature on the note does not take the place of the creditor name on the cover.
If the contract writes two names
If two creditors are written together in the basis, and one was forgotten on the request, the forgotten name does not become a party of its own accord because the basis is standing. Becoming a party depends on the document being submitted to the file and entered. Before it is entered, the basis does not add a second signature to the attachment writing. If a second signature was added, the addition is read with the annotation of the request. If there is no annotation, the extra name on the letter is not completed as the creditor of this file.
A waiver, a settlement, or a collection document signed together binds the names the document carries. If there is a single signature on the document, the single signature is not treated as having bound the other creditor as well. The cover account has not changed before the settlement minute enters the file. Even when the minute enters, it does not carry, of its own accord, a person whose name is not on the request into the creditor box. The carrying needs an express record of a change of party. If there is no record, the internal account stays in the internal account.
One of the creditors appearing as a debtor in another file does not erase the other’s line in this file. That other file is not the creditor list of this file number. The list is read from the line of this request. If a copy of the other file’s cover was put in this file, the copy must show which file number it belongs to. If it does not show that, the copy does not give birth to a second creditor. The collection on the copy is not treated as entered in this file’s account of its own accord either.
A contract standing in the annex of the power of attorney does not widen the party box if it was not entered as an annex. The annotation that it was entered must show which name was added. If the name is not in the annotation, the name in the contract text is of no effect on the cover. If two names stand together on the cover, the collection enters the file of the two names. The collection that enters is not divided of its own accord according to the internal account between them. If there is no paper of division, the amount at the till stays as the file amount. The remaining argument does not write a second debt onto the debtor.
One of them asking for sale, if the other’s name stands on the line, does not on its own choose to whom the sale belongs. By whom the request for sale was signed is read from the petition. The signature does not count the other creditor as having asked as well. That the signature does not cover the other does not erase the other’s being a creditor. The two results stand on separate lines. If a name standing on the line is not mentioned in the petition, the name that is not mentioned has not waived.
Conclusion
The file belongs to the creditor line on the request. The second person does not become a party without submitting a document. A second proceeding, indorsement, and suretyship do not fill this line of their own accord. The frame is on the enforcement and bankruptcy law page. Reading the line with the documents is done separately through contact. The basis is the enforcement provisions of the Enforcement and Bankruptcy Code No. 2004.