In short
A payment order is the official notice that starts the period of payment or of application on the date of service. It is not a court judgment. If the name of the paper is an enforcement order, the writing an enforcement order arrived is read. On the same day the date of service, the enforcement office, the file number and the path of the enforcement are recorded. The stopping effect of a timely objection in enforcement without a judgment is in the writing an objection to enforcement. Seeing the file on UYAP and receiving service are not the same thing. That separation is under the heading an enforcement file was opened.
The first practical order
- Separate whether the payment order is on a judgment or without a judgment.
- Mark the date of service from the paper. Do not count days by heart.
- Do not take the petition of objection for an action in the enforcement court.
- If the procedure of service is doubtful, separate the writings service contrary to the procedure and electronic service.
- A declaration of assets is the line a declaration of assets. It is not a copy of the objection.
If a payment order was left at your door, or such a document came to your electronic-service account, the first thing to do is to record the date of service without disregarding the document. On the same day check the file number, the creditor's name, the total that is asked for, and the type of the enforcement. Whether you accept the debt or not, do not send money only by a direction on the telephone. Verify the official file balance and the channel of payment.
A payment order is not the same thing as a court decision. It notifies that the enforcement has started and that an opportunity of payment or of a legal application is recognised for you. Against this, no step being taken in time may lead to the enforcement becoming final and to proceeding to the stage of attachment. This text is for general information. A result particular to a person cannot be drawn before the path of the enforcement, the service and the basis of the debt are seen.
Checks to be made on the first day
Instead of calling the creditor in a panic, or putting the document aside, make a short check of the file. The information written on the first page of the payment order forms the basis of the later step:
- Record the date of service and who received the service.
- Verify the enforcement office and the file number from the official channel.
- Check who the creditor is, and the attorney if there is one.
- Separate the items of principal, interest, expense and the attorney's fee.
- Determine whether the enforcement is on a judgment, without a judgment, on a negotiable instrument, or another special path.
- Examine the basis documents and the history of the steps of the file.
Especially for notices that come over SMS or a messaging application, of the form "you have an enforcement file, pay this IBAN at once", the possibility of a fake should not be forgotten. A real payment order contains the official file information. Even if the document looks real in appearance, a confirmation over the UYAP record and the relevant enforcement office is safe.
Why is the date of service at the centre?
In enforcement law many periods start not from the date the document was drawn up, but from the date of service in accordance with the procedure. In electronic service, the day the message reached the account and the day it is treated as served by statute may be separated from each other. In physical service, the procedure of leaving it with a family member, a neighbour or the neighbourhood head may affect the result as well. For this reason keeping the envelope and the certificate of service is important.
The type of the payment order changes the path that will be followed
The expression "a payment order arrived" may not recount a single legal document. In enforcement without a judgment by the path of a general attachment, the creditor may start the enforcement without presenting a court decision beforehand. In enforcement on a judgment, the basis may be a court decision or a document in the nature of a judgment. In enforcement peculiar to negotiable instruments, the nature of a cheque, a promissory note or a bill of exchange is decisive. In claims of rent and of eviction, special types of payment order may come onto the agenda as well.
This separation is directly effective on three subjects:
- Whether the application will be made to the enforcement office or to the enforcement court
- The period of objection to the debt, to the signature or to competence
- Whether the objection will stop the enforcement by itself
In enforcement without a judgment by the path of a general attachment, as a rule there is a possibility of objection within seven days from the service. Applying this period to every file is wrong. In instruments, in enforcement on a judgment and in special enforcements, shorter periods or different methods of application may be found. A standard petition prepared without knowing the difference between enforcement on a judgment and without a judgment may leave even a justified defence without effect.
If you accept the debt, how should the payment be planned?
If the debt really belongs to you, the first work is to take the current account of the file. The amount on the payment order and the balance on the day of payment may not be the same. Accruing interest, the collection fee, the expenses of service and the attorney's fee may change the total. If a partial payment will be made, which item it will be set off against also matters.
These safety steps may be followed for the payment:
- Learn the current cover account from the enforcement file.
- Verify the connection of the payment account with the official file.
- Write the file number, the debtor's name and the explanation of the payment on the receipt.
- If an instalment agreement will be made with the creditor, determine in writing the amount, the date and the result of default.
- After the last payment, check that the file balance was zeroed and that a step was taken for the open attachments to be lifted.
A talk with the creditor's attorney may be useful. Relying on an oral statement that "the file will close" is not enough. The effect of the instalment contract in the enforcement file, the results of an undertaking to pay, and the risks that may arise if an instalment is missed, should be understood before the text is signed.
If an objection will be made to the debt, to the signature or to competence
If the debt does not belong to you, if it was paid earlier, if the amount is wrong, if the signature does not belong to you, or if the enforcement was opened in a place without competence, an objection may come onto the agenda. These claims are not the same legal category. A general sentence of the form "I do not accept the debt" may look enough in some cases. Building openly the objections about the signature, competence, interest and a part of the debt is safer.
Gather these documents before the application:
- The contract, the invoice, the deed or the reconciliation of the account
- Bank receipts and receipts of payment
- A release or correspondence that shows the debt ended
- Documents that may help a comparison of the signature
- Records that show the connection of the address and of competence
- The envelope of service and the records of electronic service
Where and how the objection will be made is determined according to the type of the enforcement. Sending an email to the creditor, calling the enforcement office by telephone, or writing a social-media message, is not an official application. It should be verified that the objection in accordance with the procedure was recorded in the file, and the registration number of the paper should be kept. For the detailed process, the guide an objection to enforcement shows the path.
What happens after the objection?
In enforcement without a judgment by the path of a general attachment, an objection made in time may stop the enforcement. The claim is not treated as having come to an end. The creditor may ask for the lifting of the objection, or for the annulment of the objection, according to the nature of the document in their hand. At this stage the debtor needs to keep the evidence that supports the ground of the objection.
If the pressure of the enforcement and the risk of payment continue even though you are not a debtor, a negative declaratory action may come onto the agenda. This action is not the automatic continuation of every objection. Jurisdiction, the period, the legal interest and security are examined according to the concrete event.
What can be done if the service is contrary to the procedure?
The payment order never being seen, its going to an old address, or its being left with a person contrary to the procedure, are problems that are often met. Saying "I did not know" does not bring the period back by itself. The certificate of service, the address records and the date of learning should be assessed together.
In a claim of irregularity, the order of dates is especially important:
- Document when you actually learned of the file.
- Take a copy of the piece of service.
- Compare the address of service with the official address records on that date.
- Assess the suitable complaint, or the path of a late objection, without losing time.
Waiting in this area may turn the dispute of "the date of learning" against the debtor. If you learned of the file by a bank block or by an attachment of salary, the date of that step may also be an important piece of evidence.
Which risks arise if the period is missed?
When the enforcement becomes final, the creditor may ask for an attachment. A step for property and rights such as a bank account, a wage, a vehicle or an immovable may come onto the agenda. There may also be warnings about a declaration of assets in the payment order. The scope of this obligation should be assessed according to the type of the enforcement and the stage of the file.
It should not be assumed that all legal paths have closed because the period passed. A later application may be more technical and more limited. Service contrary to the procedure, the ending of the debt, an objection to the signature, or a heavy unlawfulness in the basis of the enforcement, may give rise to different paths. The safest approach is still to examine the file on the first service.
Practical points in following a file in Ankara
The density of work of the enforcement offices in Ankara may affect the calendar of the steps. It does not change the periods of objection and of payment. Which office the file is in is determined from the unit and the number on the payment order. Checking the UYAP record, the current address and the method of acceptance before going to the physical unit prevents an unnecessary loss of time.
Competence should be assessed separately. Your living in Ankara does not make it obligatory that every enforcement be opened in Ankara. The contract, the place of performance and the special rules of competence may change the result. If an objection to competence is thought of, whether it needs to be put forward in the same application as the other objections should be determined early.
Mistakes often made in Ankara, and a safe approach
The mistakes persons who receive a payment order make most often are these:
- Thinking that not receiving the service will stop the enforcement
- Using a petition found on the internet without reading the type of the enforcement
- Only calling the creditor and not making an official objection
- Sending a payment directly to an IBAN without seeing the file balance
- Not following the action the creditor may open after the objection
- Not checking the closing of the file and the lifting of the attachments after the payment
The safe map of the path is to verify the document, to record the date of service, to determine the type of the enforcement, to check the debt and the evidence, and then to apply the option of payment or of objection in accordance with the procedure. For the general frame of enforcement processes, the page enforcement and bankruptcy may be examined.
A last assessment
A payment order is not a text of threat that requires a payment to be made in a panic. It is an official notice that has a period and a legal result. The most important steps are taken at the first moment: the record of the date of service, the verification of the file, and the understanding of the type of the enforcement. If the debt is accepted, the current balance and the closing steps matter. If there is a dispute, the right authority, the right period and concrete evidence matter.
This content offers general information and does not stand in for a legal opinion on the concrete file. The form of the service, the basis of the claim and the path of the enforcement may give rise to a different result in every file. The current legislation and the records of the file should be examined together.
This writing reads the date of service with the type of the enforcement. This writing does not add an objection day that is not in the file. This writing does not count the payment order as a judgment. The separation is recounted with the concrete service. An office in Çankaya does not choose the competent office in this enforcement.
Conclusion
The first day of a payment order is three records: the date of service, the path of the enforcement, the current balance. Staying silent may go to becoming final in every file without a judgment. A petition to the wrong authority carries the same risk. The procedure is in the writing an objection to enforcement. The objection not being processed is under the heading I objected but the enforcement continues. A period or an amount is not said without the concrete paper.