In short
A request for enforcement without a judgment is the application text the creditor gives to the enforcement office, carrying the parties, the sum, the ground, and the route. The payment order is not this text itself. After processing the request, the office issues the order to the debtor. Which door is chosen is read apart from the sentence of the request.
An interest item that is not written is not treated as added later so that it will pass into the payment order of its own accord. If the ground line is empty, it is filled with the short name of the instrument, the invoice, or the contract. An empty line does not become an application completed by the office. An incomplete text is not treated as corrected of its own accord after the order has issued.
The lines that stand in the request
The creditor’s name, address, and representative, if there is one, stand in the request. If the debtor’s name and known domicile are missing, service is weak from the start. If the identity number is known, it is written. An unknown number is not invented. The sum, the principal, accrued interest, and expenses are read on separate lines. An item melted on the same line inflates the cover account, and it hides which part is disputed in a later objection.
If interest is requested, the day it started to run should stand in the document. The rate comes from the contract or from the statutory interest regime. This text does not write a rate. For a claim in foreign currency, which day the conversion will be made by is shown separately. If the conversion rate is not in the file, the request is not completed by inventing a rate. The frame is followed from the article on interest.
The route sentence and the order
The chosen route is written clearly. Enforcement without a judgment by general attachment is not squeezed into a cheque or mortgage sentence. If there is a judgment, the door on a judgment is used. Rent and an ordinary invoice do not enter the same request sentence. This distinction sits in the article on enforcement on a judgment. If there is an instrument, the instrument is the basis. If there is no instrument, the ground of the debt is stated with the short name of the invoice or the contract.
After the request is given, the office draws up a payment order. If the debtor objects, enforcement without a judgment stops as a rule. Which day the objection is made is not in this text. Lifting or setting aside the objection is not a continuation of the request text. The creditor follows a copy of the order from the file. The creditor should not leave both doors open on the same claim and enter neither in the record. An error of route is not corrected by changing the heading of the order.
The fee line and the interest line
The enforcement fee and the advance of expenses are deposited together with the request. The amounts are in the annual tariff. This article does not give a figure. Who the items are charged to sits in the article on the enforcement fee. A request is not treated as taken into process at the office before the fee is deposited. A missing advance does not mean the file has moved forward of its own accord.
If the start day of interest is not in the request, it cannot later be said that it was already running. Accrued interest and interest that will run are not the same item. If expenses are shown as a single sum by being added to the principal, the debtor cannot know which item to object to. The petition should build this distinction inside the request text. The power of attorney stands in the annex. A text whose signature is missing is not treated as completed at the office.
How the request is read
This article compares the creditor and debtor lines in the request with the name at the service address. This article looks at whether the principal, accrued interest, and expenses were melted on the same line. This article reads from the document in the file whether the chosen route fits the instrument, the invoice, or the judgment. If there is a mismatch, the request is corrected before the order issues. The correction prevents a wrong sum from going to the debtor.
An Ankara lawyer who examines the request asks first for the file number and the party line. The office in Çankaya does not change the competent enforcement office. The debtor’s domicile, the place of performance, and the jurisdiction clause in the contract determine the office. This reading sits in the article on the competent office. If there is no clause, domicile and the place of performance are read together.
Choice of office and service
The office is not chosen from the creditor’s office address. If the debtor is domiciled in Ankara, or the place of performance of the debt is Ankara, an Ankara enforcement office can come onto the record. A jurisdiction clause in the contract does not produce the same result in every relationship. The clause is not read as a line on which the parties freely chose every province. Whether it is valid comes out of the type of the debt and the text of the clause.
If the service address is detached from the domicile in the request, the order can come back before it reaches the debtor. An envelope that comes back does not erase the request itself. The address line is corrected. Correcting the address does not change the item of the claim either. An order that goes to the wrong debtor does not close the correct file. If the new address conflicts with the domicile in the document, the conflict is written.
Conclusion
A request for enforcement without a judgment is built from the creditor, the debtor, the sum, the start of interest, the ground, and the route sentence. A missing party, or a melted item, is carried into the payment order and into a later objection. The frame is on the enforcement and bankruptcy law page. The official basis is Article 58 of the Enforcement and Bankruptcy Code No. 2004. A sum without a document does not become a claim in the file.