Enforcement & bankruptcy · Legal information

Does a Partial Payment Lift an Enforcement Attachment?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A partial payment lowers the balance on the enforcement file and does not lift the attachment on its own. A wage deduction, a bank block, or a title annotation can stay in place for the remaining balance. Which item the money was posted to is read from the current cover account. A principal note on the slip is not a waiver. No deduction rate is written into this note.

The file not stopping although the full balance was paid is not the subject of this record. A release writing goes separately from the office to the relevant institution. A message of "I paid" does not bind the institution before the writing goes.

The balance falls, and the record stays

An amount that enters the enforcement cashier is entered on the collection line. The employer or the bank continues to deduct, or to hold the block, with the old attachment writing. The payment is not treated as completed before a new writing says the remaining balance and whether the record will continue. Release, or continuation of the record, goes from the office to the relevant institution. The institution does not put the debtor's photograph of the slip in place of this writing. The photograph is spoken of only if it is tied to the collection line with the file number and the date.

If the money went to the creditor's hand or to the lawyer, the cover does not change before a collection declaration is entered on the file. A partial payment that went to the wrong main file does not release the attachment of the correct file. If the same debtor has more than one file, the main number on the slip is not read as the file whose attachment lifted. If there is no number, a number is not invented. The cover line is not renewed on its own before the declaration is entered.

The order of allocation does not change with the slip

The cover keeps the principal claim, interest, fees, costs, and the attorney fee apart. Even if the debtor pays in saying "I am paying only the principal, I object to the interest", the office can apply its own order of allocation. The item that is objected to is not deleted from the cover unless it is stopped separately by a complaint or an action. The description line is not a waiver minute. A waiver is spoken of with the creditor's clear declaration and the record entered on the file.

A partial payment can also be read as the debt having been acknowledged. A payment made after the objection period has passed does not itself strengthen the defence "I am not in fact a debtor". A payment made in a file where an objection was made in time can narrow the subject of the objection. At which stage it was paid is read from the slip date and the service record. If there is no service, the stage is not completed.

Asking for instalments for the remainder is a payment undertaking. The undertaking does not stop the sale, and does not lift the attachment, before the creditor's acceptance is entered on the minute. A partial payment made while the sale day is near does not itself drop the sale if it does not meet the whole of the current cover. The payment that stops the sale is the whole of the cover.

Neighbouring records

How the lines are read sits under the cover account. The writing that goes to lift the attachment sits under lifting an attachment. Collection by hand sits under collection outside the file, and the money passing onto the file under a partial payment. The record continuing although the full balance was paid sits under I paid the debt. This record separates why a partial payment does not release the attachment.

Which papers come side by side

The document that is read is the slip, the current cover, and the correspondence with the institution. Service separates, from the annotation, when the payment order or the attachment was learned of. The minute should write which main number the money was posted to. If there is no minute, the correct file is not assumed. The petition should show, as property or as an account, which attachment it asks to lift. A petition that says all attachments should lift would also erase the remaining balance. A decision or an office writing can leave the actual record in place before the release is notified to the relevant bank, employer, or land registry. The application should carry the slip date and the amount. A contract may show the source of the debt. The contract does not stand in for the collection line. An invoice may be the basis of the claim. The invoice does not show that the attachment has lifted. A register or title record shows whether the annotation still stands. The register is not cleared on its own by the slip.

Where a partial payment is read from

This note places the slip, the current cover, and the institution's writing side by side. This note states no deduction rate. This note does not treat a partial payment as a record that the attachment has lifted. The Çankaya office does not change the competent authority.

Before the release writing goes, the employer or the bank can continue to deduct under the old memorandum. The balance is not treated as zeroed before the cover line is renewed.

Conclusion

A partial payment lowers the balance; it does not lift the attachment. The release writing goes separately. The description on the slip is not a waiver. A lawyer in Ankara does not draw a deduction rate from a partial payment. The frame sits on the enforcement and bankruptcy law page. The basis is the collection and attachment provisions of the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

If I pay part of the debt, does the wage deduction stop?

No. A partial payment lowers the balance. The employer, the bank, or the land registry does not release the attachment on its own without a release or a new writing from the enforcement office. No deduction rate is in this note.

Does writing principal on the slip erase the interest?

The debtor's description on the slip does not change the office's order of allocation in every file. Which item the money was posted to is read from the current cover account. The description does not stand in for a waiver.

If I pay the remaining debt in instalments, does the attachment lift?

Instalments are spoken of only with a payment undertaking entered on the file and the creditor's acceptance. The undertaking does not itself lift the attachment. How it is made is a separate record. This note sets no deduction rate.

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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