In short
A salary attachment that reaches the employer is an order to deduct from the debtor’s wages to the statutory measure and to pay the sum into the enforcement file. The employer does not decide whether the debt is correct. A deduction whose identity does not match is not entered on the payroll so that it will pass to the correct file of its own accord.
The employee’s first-day list is read apart. The third person’s general duty to reply sits in the article on a garnishee notice. This text takes the payroll, the identity, and the correct file number. The figure of the deduction rate is not here.
The lines looked for in the official letter
In the official letter, the debtor’s identity, the file number, the name of the office, and which claim the deduction belongs to are looked for. If there are two employees with the same name, no deduction is made before the identity matches. Wages deducted from the wrong person do not close the correct file, and they put the employer into a separate debate. The reply also writes whether the employee is still receiving wages.
If there is no relationship, or it has ended, that too is notified to the office. Staying silent can produce the result that the debtor works here. Which day the reply will be given is read from the official letter and from the Act. This text does not set a day count. If the file number is missing in the notice, the writing can go to the wrong file. The date of leaving shows separately whether the last wages will be deducted.
The deduction and the correct file
The deduction is not the whole of the net wage. The rate that can be attached, and the distinction for maintenance, are in the article on the deduction rate. The employer cannot raise the rate. Even if the letter says deduct the whole, a deduction that passes the limit of the Act causes a problem on the payroll. The number of the limit is not embedded in this text.
The deducted sum is sent to the enforcement cashier in the official letter, or to the account shown, with the file number written in the description. A transfer that goes to another file, or to the creditor’s personal account, does not drop this attachment. The receipt is kept with the payroll annex. A partial deduction does not mean the debt has ended. The deduction does not stop of its own accord before a closing letter for the file arrives.
It does not mix with a labour claim
If the worker has a severance or wage claim against the employer, that is separate from the attachment that arrives for the employee’s debt. Putting the worker’s claim into enforcement sits in the article on enforcement of a labour claim. The attachment letter that arrives does not close that claim by set-off of its own accord. A set-off claim is written separately. Set-off is not a silent allocation that takes the place of the deduction on the payroll.
Even if the employee says “I paid,” a lifting letter is looked for from the office. The payment not being entered in the file sits in the article on I paid the debt. The employer does not stop the deduction on the employee’s word. Before the lifting letter arrives, the payroll continues to run according to the old official letter. A photocopy of the letter is not a lifting decision.
How the payroll is separated
This article compares, line by line, the identity in the official letter with the employee on the payroll. This article reads from the receipt which file number the deducted sum went to. This article looks at whether a maintenance letter and an ordinary-claim letter collide in the same month. In a collision, the order is built from the writings in the file, not from the employer’s own list.
An Ankara lawyer who examines the letter asks first for the employee’s identity and the file number. The workplace being in Çankaya does not choose the competent office. The deduction goes to the account of the office that sent the letter. A letter that reaches a workplace in Ankara may have issued from a file in another province. The account goes to the office on the letter.
More than one letter
If there is more than one creditor, the order is looked at against the dates of the letters and priorities such as maintenance. The employer does not build an order of the employer’s own. The attachable part of the wages does not multiply by the number of letters. A priority item is marked separately on the payroll. Applying a full deduction to every letter while there is no mark is the document of a later complaint.
If the employer does not enter the letter on the payroll at all, in order to favour the employee, third-person liability can come onto the record. The amount of the liability is debated as limited by the wages that were paid when they should have been deducted, and by the scope of the letter. The amount is not a figure in this text. The reply petition tells the relationship and the deduction together. A register record can be asked for in order to confirm the employee’s identity.
Conclusion
The employer replies to the salary-attachment letter, deducts to the statutory measure, and pays the money into the correct file. The employer does not decide the substance of the debt. The deduction is not treated as having stopped before the lifting letter arrives. The frame is on the enforcement and bankruptcy law page. The official basis is the wage-attachment provisions of Law No. 2004. A deduction is not made before the identity and the file number match.