Enforcement & bankruptcy · Legal information

Does the Balance Debt Stay on the File After a Partial Waiver?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Yes. In a partial waiver the balance that was not waived stays on the file. The item that was left does not bring down the whole of the proceeding. The falling sentence built in a full waiver is not pasted onto the partial petition. That sentence sits on the waiver of the proceeding page. This note does not repeat that guide. An amount is not in this note.

The share that was left and the share that remains

The creditor can give up a part of the claim or of the proceeding. The part that was given up is distinguished in the petition. A line that was not distinguished does not zero the balance. The office does not itself erase the unwritten remainder. The remainder that was not erased stays on the same file if the petition does not carry it to another merits. Opening a new proceeding is not a condition for completing the partial waiver. If a new file was opened, this does not erase the unwritten balance on the old file either. Whether the old file closed is read from its own cover.

If there is more than one debtor, the scope is read as limited to the person the petition writes. A debtor who was not written does not leave the file with the partial sentence. Processing it as if they had left depends on their name appearing in the petition. If there is no name, a discussion of joint and several debt is not built in this note. A share left for one debtor does not also reduce the other debtor's debt by the same measure. If the measure is not written in the petition, it is not invented. If it is written, it is read only for the person who was written and for the item that was written.

If there is more than one creditor, the partial waiver of one does not itself erase the other's share. If the other's name and authority are not in the petition, that share stands on the cover. The proportion of the share is not written into this note. If the proportion stands on the cover, it is read from there. If it does not stand, it is not said that the whole claim was left.

The cover shows the balance separately

The current cover should show whether the item that was left fell, and the remainder, on a separate line. If there is no cover, a balance is not invented. If a share of the principal claim was left, and the interest or costs line was not written in the petition, those lines do not themselves close. The line that closed is only the line that appears as fallen on the cover. If the old cover and the new cover conflict, which one was entered is in the directorate's annotation. If there is no annotation, all the lines on the old cover are not treated as erased.

The amount of the waiver fee is not here. The proportion of the collection item is not here either. The proportion is read from the line on the cover. If there is no line, it is not said that the fee has ended either. The existence of the fee line does not show that the balance was erased. The two lines stand apart. That the fee was paid does not widen the scope of the partial waiver. The scope is the sentence in the petition. If the sentence is uncertain, the fee receipt does not complete the sentence.

If the remainder appears as zero on the cover, and the petition writes only one item, this appearance does not, on its own, close the file. Which transaction the zero line rests on is read from the annotation. If the annotation does not write that it brought down more than the item in the petition, an extra falling is not assumed. The assumption changes neither the debtor's debt nor the share the creditor left.

The annotation stands on the remaining debt

If the remaining debt stands on the file, the attachment annotation does not itself fall because of the slice that was waived. Narrowing the annotation so that it meets only the balance needs a separate writing. That writing sits under lifting an attachment. This note does not build the step of the bank, of wages, or of the land register. That the line on the land register is a notice of attachment sits under attachment of immovable property. While the annotation stands, the file is not treated as closed either. The list of the routes of closing is not taken onto this record.

If the representative will make a partial waiver, it is looked for that this authority is express in the power of attorney. If there is no line of authority, the principal creditor's signature is asked for. An unauthorised petition does not erase the balance either. Papers waiting for a signature do not appear as having closed the file. The representative's general authority to conduct the proceeding is not treated as having itself built the sentence of partial waiver. Whether it was built is read from the relevant line of the power of attorney and from the signature on the petition. If the line cannot be read, the waiver is not accepted as entered.

An attachment on one item of property does not itself shrink by the slice of money that was left. Before the writing of the reduction goes to the register, the land, bank, or traffic record stands in its old state. The debtor does not announce the property clean by looking at the share in the petition. The cleaning is seen by the annotation's own writing on the register.

It is not a release, and it is not a record of silence

A partial waiver does not mean the debt never arose. A release is a separate document that ends the debt relationship. While there is no document, the partial petition is not treated as having released the remainder either. Falling out of process is not a partial waiver either. The silence of the file sits on the file that fell out of process page. A record of silence does not show which share the creditor left. A settlement or a protocol does not stand in for the petition of partial waiver either. If the item that was left is not written in the protocol, the protocol is not treated as having zeroed the balance.

If the petition says a partial waiver and does not write which item it left, the office can see this as incomplete. An incomplete petition does not close the file. Closing is seen separately, with a waiver annotation whose scope was written in full, or with collection of the balance. This note does not build that closing. If the petition and the current cover stand, the remaining item is read from those two pages with contact. The reading does not zero the balance.

The debtor's acceptance does not turn the partial waiver into a full waiver either. Acceptance does not erase the item that was not written in the petition. What was written as remaining stays on the file after the acceptance as well. A later message from the creditor that they gave up does not widen the scope before it is entered on the petition. The widening is in the annotation of the new petition.

The line in the request for enforcement does not fall on its own

The lines of interest, costs, and the power of attorney in the request for enforcement are not themselves carried into the petition of partial waiver. If the petition does not mention one of these lines, that line can stand on the cover. If it mentions it, only the line that was mentioned falls. The amount of the power-of-attorney line is not here. The amount is read from the cover. If the cover and the petition conflict, which one was entered is in the directorate's annotation. If there is no annotation, the sentence in the petition is not treated as having erased all the lines on the cover.

Accrued interest and a period that has not yet accrued can be separate lines. If the petition writes only one of them, the other does not itself close. If which period was left is not in the petition, a period is not invented. An invented period does not zero the interest line on the cover. An advance of costs, or a prepaid item, is also separate from the principal claim. Giving up the principal claim does not erase these items before they are written in the petition.

The list of property in the request for enforcement does not itself narrow with the waiver either. Removing one item of property from the list is read if that property is written in the petition. If it is not written, the attachment on all the property is not treated as having fallen with the partial sentence. The register record of the property can stand independently of the item in the petition. A record that stands independently is not an announcement that the balance was erased.

A collection slip does not stand in for the partial waiver either. If the money paid into the file does not show on the cover which item it closed, the slip is not treated as having erased the whole of the balance. If it shows it, only the item that was shown falls. A line that did not fall stays on the file if the description on the slip does not mention it. The debtor does not read the amount of the money they paid from this note. If the amount matches on the slip and on the cover, it is seen from there. If it does not match, the part that does not match is not treated as waived.

After the partial waiver the creditor can continue to ask for the remainder. Continuing is not a new waiver. If there is no new petition, the item the first petition left does not come back. Coming back is read only with an open record that takes that item back into the proceeding. If there is no record, the distinction is kept: the item that was left has fallen, and the unwritten balance stands. The attachment annotation is not made into a document that the balance was erased before the distinction is broken.

If the petition of partial waiver says I am leaving a slice of one item, and does not write which line the slice is, the office can see this sentence as incomplete. An incomplete sentence does not itself split the whole principal claim on the cover, or the interest line. The split is read only if the amount that fell and the amount that remains appear on separate lines on the cover. If they do not appear, a balance is not invented, and the file is not treated as closed. Not being treated as closed can also mean that the share that was wanted to be left was never written. Which one it is comes out of the annotation of the petition. If there is no annotation, the sentence is not, on its own, a document of closing.

If there is no annotation, it is accepted that the sentence stayed incomplete, that the file did not close, and that the unwritten balance stands on the same merits. This acceptance does not produce a new amount.

Conclusion

A partial waiver takes only the item that was left outside the proceeding. The unwritten balance stays on the file. The falling sentence of a full waiver is not built here. An amount and a time are not written. The frame sits on the enforcement and bankruptcy law page. The basis is the waiver provisions of the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

Does a partial waiver close the file?

No. Closing is spoken of with separate records, such as giving up the whole of the proceeding or collection of the balance. Leaving only one item does not itself close the merits number.

Does the remaining debt stay on the same file?

If the petition does not carry the remainder to another merits, the balance stays on the same file. Opening a new file is not a condition of the partial waiver. A new file does not erase the unwritten balance either.

Does giving up the principal claim also erase the interest item?

If the petition also leaves the interest item, that item falls. If the petition writes only a share of the principal claim, the unwritten interest line is not itself zeroed. Which line fell is read from the cover.

Does the attachment fall together with the slice that was left?

If the remaining debt stands, the annotation does not itself fall because of the slice that was left. Drawing the annotation down to the balance needs a separate writing. That writing sits under lifting an attachment.

Is a partial waiver a release?

No. A release is a separate document that ends the debt relationship. While there is no document, the partial petition does not have the remaining debt treated as ended either. The frame of a full waiver sits on the waiver of the proceeding page.

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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