Enforcement & bankruptcy · Legal information

Who Is Written as the Addressee When a Student Loan Falls into Enforcement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When a student loan falls into enforcement, the addressee is the person whose name is written on the paper as the debtor or as the surety. This debt is not enforcement of a credit card. The creditor is not the card institution. It is the name on the line of the institution that gave the loan. If there is no name of the institution, the name is not guessed. If the heading is an enforcement office, the enforcement is that office's paper. If the heading is the institution's own collection writing, the authority is that heading. An amount, a rate and the day the repayment started are not built on this page.

The line of the creditor institution

In the repayment of the loan, the creditor is on the creditor line or the institution line of the paper. The name the institution wrote on the line is read. If there is no name, an institution that gives a student loan is not chosen from here. While a bank name is not on this line, the debt is not characterised as a card debt. The reading of a card file is under enforcement of a credit-card debt. That heading does not build the document of the student loan. The card's limit letter is not the basis of the repayment debt.

The institution line and the name of the bank that makes the collection may stand on the same line. If the bank is not written as the creditor on the line, it does not become the creditor. If the capacity is "payment channel" or empty, a party is not added. A student document, a transcript or a dormitory record does not write an institution that is not on the creditor line. If the short name of the institution appears in the document and another short name stands in the attachment writing, the two names are read side by side. One is not completed as the expansion of the other. If the expansion is written inside the letterhead itself, it is read from there.

Is the heading an enforcement office or the institution's writing

If the heading is an enforcement office, the enforcement is the paper of the enforcement office, and the creditor is still read from the same line. The first reading is in when the payment order arrived. The place of the objection is under an objection to enforcement. If the heading is the institution's own collection writing, or a writing of the tax office, the authority is that heading. An objection in enforcement is not pasted onto the institution's writing or onto the writing of the tax office.

Law No. 6183 on the Procedure for Collection of Public Receivables and Enforcement and Bankruptcy Law No. 2004 are not the same petition. Which path is running is read from the authority in the heading. The name of the institution is not invented. A student loan is not gathered in one bag, as ordinary enforcement without a judgment, with a traffic fine, motor vehicle tax or a social-security premium. The heading of each paper shows its own authority. The general order of an attachment in an enforcement file is in how an attachment happens. That order is not added to the institution's own collection writing as a step of enforcement without a judgment.

If both an institution writing and an enforcement order are in the same hands, the two envelopes are two matters. A single petition does not close both at once. If the creditor in the enforcement order is not the same as the institution line, the order is not counted as the enforcement of this loan. If the file number is not in the institution writing, an enforcement number is not carried there.

If the surety line is empty, the family is not added

The debtor line shows the person who used the loan. The surety line is separate. If the surety's name is empty, a mother, a father or a spouse is not written as the debtor. If a signed suretyship paper is not in the file, a surety is not assumed. An oral sentence that I am the surety does not create a suretyship when there is no name on the line. The same surname does not stand in for the suretyship.

If there is more than one name, the capacity of each name is on its own line. If the capacity is empty, the person is not counted as a partner in the other's debt. A document of study does not add a name that is not on the debtor line. A sibling's or a spouse's record of study is not the debtor of this loan. If there is a signature on the parent's application form, whether the signature is the surety or the applicant is read from the capacity line of the form. If there is no capacity line, the parent is not announced as the surety. If the form is missing, the empty surety line in the attachment writing is not filled with an old memory.

A card statement is not the basis

A card statement, a limit, a fee and charge items are not the basis of this debt. Whom the debt on the statement belongs to is read in the card file. The repayment of the student loan is not built with a line chosen from the statement. An instalment cash advance, or a market expense, does not stand in for the institution's period table. The two debts appearing at the same bank does not join the creditor.

An invoice for goods or for a service is not the name of this loan either. A school fee, a dormitory price or a stationery slip is not counted as the table of the repayment debt. Even if these slips are in hand, they do not enter the list of the basis by themselves if they are not an annex of the attachment writing. The list is which documents are counted on the enforcement paper or in the institution writing. A slip that is not on the list does not enlarge the debt or reduce it.

The period table and an empty balance

The period table of the repayment debt is looked for in the institution's writing or in its annex. The table should show which periods were tied to this writing. If there is no table, the balance is not completed. A rate and an amount are not on this page. If the year the study ended is not written on the paper, it is not added as the day the debt started. If a document of deferral or of instalments is not in the annex, a time is not written as if there were a deferral. If a number of days is not standing in the document, a day is not produced from here.

If there is more than one item in the table, each item is read by its own name. A contribution, a student loan and another scholarship debt may not be the same line. An item whose name is not written is not taken inside the item that was written. The total line is not read as the debt by itself while the sub-items are standing. If a sub-item is faint, the missing line is not completed. An earlier payment is not treated as having closed the debt if there is no set-off line in the table. If the description on the receipt does not match the period in the table, a set-off is not assumed.

A notice of the account does not change the creditor

If a notice of the account arrives, the name of the institution is read from the notice. The description of the block is under electronic attachment. The notice does not change the creditor line. If the institution is not in the notice, a block of a student loan is not assumed. The word "credit" appearing in the bank's description does not show a student loan. A housing loan, a vehicle loan or a consumer loan is another line. If the type is not written, it is not filled in as a student loan.

The amount in the notice does not stand in for the balance in the table. If the amount is not in the notice, the account balance is not made the amount of the debt. If there is more than one block, the name of the institution of each notice is separate. A movement whose institution is empty is not written to the creditor of the student loan. Money paid into the salary account and the block are not the same sentence. If the type of the money paid in is not in the description, that money is not read as the repayment of the loan.

A writing that came while the study continues, and a writing that came after the study ended, are not the same order if their headings are separate. If the end is not written on the paper, it is not treated as ended. If the year on the student document is not in the period table of the attachment writing, that year is not added to the debt. A dormitory or scholarship record is not the table of the repayment of the loan. If the record is not counted on the annex list, it is not made the basis.

The date of the suretyship paper and the date of the attachment writing should stand side by side. If there is no date, the suretyship is not ordered as before or after this enforcement. If the surety was written for a part of the debt, the part is read from the limit sentence on the paper. If there is no limit sentence, the surety is not widened as the debtor of the whole. If the debtor and the surety are the same person, this does not mean the two lines were filled. If both lines carry the same name, the capacities are still read separately. If the capacity is empty, the name is not treated as written as the debtor twice.

Service should have gone out to the address on the debtor line. If the address is different, the paper is not declared invalid by itself. A different address does not change the addressee. The addressee is still on the name line. If there is no service return, a date of service is not added. It is not said that the objection fell when there is no date.

A scholarship contract and a student-loan contract may stand on the same signature page. Whichever name the attachment writing carries, that name is read. If the writing only says loan, a scholarship item is not added. If the writing counts both, a third item that was not counted is not added. If the signature page is missing, the contract is not rewritten from the table. If a document of an earlier restructuring is not in the annex, the balance is not reduced as if there were a restructuring. If the name of an instalment does not appear in the document, a single payment in is not treated as having closed the whole debt.

Conclusion

The lines that are kept are the creditor institution, the debtor and, if there is one, the surety. A name whose capacity is empty is not made a joint debtor. A heading of an enforcement office is the enforcement of Law No. 2004. The institution's own writing, or the tax office's own writing, is not the order of this enforcement. If there is no table, the balance is not completed. A conflict of lines is read with contact. The main page of the subject is the text of enforcement and bankruptcy.

Legislation

Frequently asked questions

If a member of the family did not sign, does the writing come to them too?

The addressee is the name on the debtor line. If a member of the family is not on that line or on the surety line, they are not written as the debtor. Similarity of surname does not create a suretyship. Living in the same house does not stand in for a signature either. If a signed suretyship paper is not in the file, a surety is not assumed.

Is a credit-card objection written onto this enforcement?

It is not. A card objection belongs to the card file. In this debt the basis is the institution's writing and the creditor line. If the name of the card limit, or of a charge item, does not appear in this file, those items are not carried here.

If the institution line and a bank name are together, which is the creditor?

The creditor is the name on the institution line. If the bank name is not on that line, the card institution is not made the creditor. A party whose capacity is not written is not added. If the bank appears only as a payment channel, the capacity of creditor does not pass to it.

Is the date the repayment debt started in this article?

It is not. The date, if it is written on the institution's paper, is read from there. If it is not written, it is not added. The year the study ended is not written as the start of the debt either, if it is not on the paper.

If the amount line is empty, where is the balance completed from?

The balance is not completed if it is not written in the table in the annex. A card statement does not stand in for that table. A single payment in, in the account movement, is not read as the whole of the debt when there is no table either.

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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