
In short
If the debt is paid before an enforcement sale, the aim is to close the file balance before the attached property is sold. A full closing and a partial payment do not produce the same result. Without a current account cover, it is not said "I paid, the sale stopped." There is no promise that the auction date will be postponed.
How much is paid in
The cover shows principal, interest, fees, and the sale expenses. The account cover is the name of that breakdown. Money paid in against an old cover may leave a balance on the morning of the auction. Unless the creditor waives, an approximate sum is not enough. The sum is read from the current breakdown the office gives. This article does not freeze a figure.
If the sale expense is not yet on the cover, the office is asked to add that item. A payment made before it is added may leave a gap because of the expense. A gap that remains, even of a kuruş, does not mean the sale fell away by itself. The office annotation is looked for.
Entering it in the file
A receipt by itself does not stop the sale. Payment is made to the cashier under the file's case number and is notified to the office. The notification petition writes the amount, the date, and which property the sale concerns. After the office deducts the money from the cover, it annotates what becomes of the request for sale. Without that annotation, the notice is not treated as taken down.
A partial payment reduces the balance. It does not always bring the sale down. While a remainder exists, preparation for the auction may continue. Closing the remainder needs a second payment and a new annotation. If the creditor has withdrawn the request for sale, that withdrawal is also visible in the file. An oral "I gave it up" is not enough.
The sale timetable
When a request for sale is made is in the request for sale after attachment article. This article does not repeat that period. An electronic sale and a sale in the auction room are not the same timing arrangement. An electronic sale is read in its own notice. A bank or cashier transaction close to the auction hour may be entered in the file late. This text does not guarantee anything up to a particular hour.
If the auction has been held, the stage of payment before the sale has closed. Setting the auction aside is a separate route, and it is in the setting the auction aside article. Setting aside is not the automatic result of a receipt.
What the creditor does
The creditor notifies in writing the sum paid in short of the current cover. If the shortfall comes from an interest or expense item, the item is shown. If the debtor says "I paid in full" without seeing that writing, a breakdown is asked for. The breakdown should be close to the same day as the request. An old breakdown may not show the new interest.
If there is more than one creditor, a payment may close only one of their claims. The other creditor's request for sale may not stop. The order is read from participation in the file and from the schedule. This article does not set a share ratio.
How the sale is read
The sale is in the file of the enforcement office that made the attachment. If the office is in Ankara, the notice and the cashier are at that office. If the property is in another province, the sale still runs from the office of the file. That the office is in Çankaya does not change the auction day. An Ankara lawyer first asks for the current cover, the sale notice, and the receipt.
This article compares the amount on the receipt with the balance on the cover. If the amount meets the balance, an annotation from the office that the sale has fallen away is asked for. If it does not meet it, the remainder is written separately and it is not assumed that the notice came down. The auction hour and the hour the cashier entered the payment are also set side by side. If the entry is after the notice, whether the auction fell away is read from the annotation.
Before paying, the debtor asks the office for a written balance slip. On the slip, principal, accrued interest, fees, and any sale expense sit on separate lines. If a line is missing, the sum to be paid in remains a guess. A payment made on a guess may fall short. The shortfall is shown separately in the petition and on the receipt.
If the creditor has given a waiver document, that document also enters the file. Without the document, it is not said that "the creditor withdrew orally." An oral withdrawal does not by itself bring the sale notice down. That the notice came down is read from the office annotation. Whether the annotation falls between the payment day and the notice day is fixed by the record. If the order is broken, it is asked separately whether an auction was held.
Conclusion
Payment before the sale rests on a full closing against the current cover. A partial payment may not be enough. A receipt does not stop the sale without an office annotation. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Code No. 2004.