In short
The question of how enforcement is opened against a joint and several debtor is an application, for the whole of the claim, to one or more than one principal debtor. The creditor may go to one of the debtors, to several, or to all of them. A surety is not this capacity. One person's objection does not always stop the file of the person who did not object. A rate is not in this text.
One person's payment may not appear in the other file so that it will pass into the balance by itself. If the payment is not entered, an attachment may be extended to the other debtor. Two files do not mean two separate claims. It is not said that they are joint debtors before the capacity in the contract is read.
Who is a joint and several debtor
The capacity is read from the contract, from the instrument or from an express provision in the statute. A sentence that we signed together does not make every signature a joint and several debt. Suretyship and an aval are separate records. More than one debtor may be shown in the same file or in separate files. A separate file does not give a right to collect the claim twice. When a collection is entered in one file, it has to be deducted from the other balance. The deduction may not appear by itself in every office. The path that goes to a surety stands under enforcement against a surety. The general elements of the text of the request stand under a request for enforcement without a judgment.
The document should show whether the signature is a suretyship or a principal debt. If there is no document, the capacity is not invented. The petition should write each debtor's name and capacity separately. A single line is not treated as having joined everyone in the same capacity. The decision should write who was counted as the principal debtor. When there is no decision, a surety is not made a joint and several debtor.
The objection and the service are particular to the person
Each debtor receives their own service. Service in proper form on one does not start the time of the other. An objection in time may stop the enforcement as regards the person who objected. Becoming final may arise separately against the person who did not object. The general frame of an objection stands under an objection to enforcement. A number of days is not in this text. The annotation of service separates which debtor it went to on which day. If there is no annotation, the other debtor's time is not treated as having started.
A partial objection affects only the amount that is shown. If it is said that all of it is an objection and an amount is not written, a risk arises of being treated as not having objected. This risk is read from each debtor's own statement. An objection to jurisdiction is tied to the person too. One debtor's objection to jurisdiction does not, in every file, drop the office at the other's place of residence. The minute should write whom the statement of objection belongs to. If there is no minute, the statement is not spread to everyone. The application should show in which debtor's name the objection was made.
Payment and a double collection
The amount one debtor paid extinguishes the claim by that much. If the payment is not entered in the enforcement file, an attachment may go to the other debtor. The rule of paying in stands under payment into the enforcement file. The creditor's full collection from two files brings onto the agenda the return of the part taken in excess. The return is not set off by itself. An invoice may show the principal claim. An invoice does not write the share among the debtors. A share rate is not invented.
Recourse among the debtors themselves does not change whom the creditor will apply to. An action for recourse is not the closing record of the enforcement file. The register may show the company's trade name. The register does not write that the partner is a joint and several debtor. The contract may describe the sharing in the internal relationship. The contract does not narrow the creditor's right of choice. The choice belongs to the creditor. The receipt should show which file it was paid into. If there is no receipt, the day of the set-off is not completed.
A partner of the company is not this capacity
Being a partner does not carry the company's debt onto the person. A personal debt arises from a suretyship, an aval, or a capacity the statute counts as liable separately. That limit stands under a personal attachment for a company debt. The partner's personal property is not attached for the company's debt without this capacity. If the company and the partner are melted in the same request for enforcement, the opposing party is mixed. The decision should separate the legal person and the natural person. A request that does not separate them is not treated as having made the partner the principal debtor.
Joint and several debtors who live in different provinces may be written to separate offices on the same claim. Two offices do not mean two separate claims. The balance is not read before the file numbers are tied to each other. Service goes separately to the debtor in each province. Service in one province does not open the time of the other province.
Where the capacity is read from
The contract and the service stand side by side, and this article does not write a rate. Counsel in Ankara reads from the request for enforcement that the office being in Çankaya does not change the competent authority. This article does not count a surety as a joint and several debtor. This article does not count one person's objection as a stay for everyone.
Conclusion
How enforcement is opened against a joint and several debtor is answered by going, for the whole of the claim, to one or more than one principal debtor. It is not a suretyship. One person's objection does not always stop the other. A rate is not written. The frame stands on enforcement and bankruptcy. The basis is the Turkish Code of Obligations and the Enforcement and Bankruptcy Law.