Enforcement & bankruptcy · Legal information

Where Is the Authority Written on an Attachment for an SGK Premium Debt?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

On a writing of attachment for a Social Security Institution premium debt, the authority is the office in the heading of the paper. This writing is not the payment order of an enforcement office. If the letterhead reads the Social Security Institution, or a unit attached to it, the debt is that unit's writing. If the letterhead is blank, the institution is not guessed. A premium base, a rate, and a calculation of the period are not built on this page. A tax-office stamp or an enforcement seal is not completed as a premium attachment.

The open name of the unit on the letterhead

On the writing stand the institution's name, the provincial directorate, or the unit that issued the writing. If the unit's name is abbreviated, the expansion is read from the words inside the letterhead. If the letterhead has no expansion, the abbreviation is not widened as another institution's name. The seal of an enforcement office is not the attachment authority of the premium debt. If there is a seal, the paper goes to the heading of when a payment order arrives. The objection also goes to the heading of objection to enforcement proceedings. These two headings are not pasted onto a Social Security Institution letterhead.

The statute of public collection and the procedure of the enforcement office are not the same. Law No. 6183 on the Procedure for Collection of Public Receivables is not run as a payment order of the Enforcement and Bankruptcy Code No. 2004. A tax-office letterhead is not read in place of a Social Security Institution writing either. A paper of a traffic fine or of motor-vehicle tax is not joined with the premium debt as an ordinary proceedings without a judgment. Each envelope is read from its own heading. The general order of attachment in the enforcement file is in the article on how attachment happens. That order is not added to the institution's letterhead as a step of proceedings without a judgment.

The employer's premium and the person's own debt

The employer's premium and the person's own debt are not the same sentence. Which it is is read from the line of the type of debt. If the line says "employer's premium", the person is not made the employer. If the line shows the person's own insurance debt, the company's trade name is not added to this line. If there is no line, a type is not invented. The employer's debt is not written to the worker because the worker's name passes on the list. If it was written, the person line and the type of debt conflict. The conflict is not closed without a premium statement.

The workplace registration number and the person's identity line are separate. The number does not stand in for the debtor's name. If the number is not on the writing, a registration on an old payroll is not made the number of this writing. If there is more than one workplace, each workplace's line is read separately. A workplace that has no line is not taken inside the debt. The separation of a sub-employer and a principal employer is not built on this page if it is not written on the paper.

If there is no premium statement, a base is not built

The statement is looked for in the annex of the institution's writing. The annex should show which period was tied to which item. If there is no annex, a base is not built. A rate and an amount are not on this page. A missing annex is not filled with a payroll, a time sheet, or a service contract. The gross wage on the payroll is not read as the premium base. The promise of a wage in the contract is not the institution's calculation either.

If the statement has more than one line, each line stands in its own period. If the period is not written, the months are not split or joined on this page. A general word such as "past period" is not a list of the months one by one. If there is no list, the debt is not treated as spread over the whole working life. If a writing of an incentive, a reduction, or an amnesty does not stand in the annex, a sentence of reduction is not added to this paper. The balance is not reduced as if there were a reduction. If the balance is not written on the total line of the statement, it is not completed from the account movement.

A bank message does not change the authority

A hold placed on the account may also arrive with a separate notice. If the notice does not write the Social Security Institution, it is not treated as a premium attachment. The form of the block is under electronic attachment. The notice does not change the unit on the letterhead. If another public institution is written in the notice, that institution's writing is looked for. If the Social Security Institution writing is not in hand, the bank sentence does not announce a premium attachment. This page does not say the block will be lifted.

An invoice or a service fee is not the basis of the premium debt. Those proceedings are in the article on enforcement for an invoice. If a collection receipt does not show to which unit and with which explanation it was deposited, it does not close the premium. If the explanation is blank, the receipt is not read as "it must be the premium". A payment the employer made from their own till to the worker is not the closing of the institution's premium account.

The lines of the shareholder, the company, and the worker

The addressee is the name on the debtor line. If the shareholder is not on the line, they are not added. If the company's trade name is not on the line, the shareholder's personal writing is not carried to the company. A signature circular, a share ledger, or the trade-register gazette does not widen the debtor line by itself. These documents show identity. The attachment writing shows to whom the debt was written.

The worker's name may pass on the statement of the employer's premium as the basis of the wage. That it passes does not make the worker the debtor. If there is no separate writing that went out to the worker, the employer's envelope is not treated as served on the worker. The name of a spouse or of another family member is not written on the line because the surname looks alike either. Succession or a transfer of the company, if it is not on the paper, is not completed as a successor from this page. If a document of succession does not stand, the new trade name is not announced as the debtor of the old debt.

Two authorities are two files

If there is both a Social Security Institution writing and an enforcement order in the same hand, two authorities are two files. A single petition does not close both. If the file number is not on the Social Security Institution writing, an enforcement merits number is not invented. If the creditor line on the enforcement order is not the Social Security Institution, that order is not a premium attachment. If the creditor line is the institution, the heading of the order is still the enforcement office. If the heading and the creditor line conflict, the conflict is not closed by pasting one onto the other.

The payment explanations of the two writings are also kept apart. Money deposited to one is not treated as having closed both debts if it does not appear on the other's figure line. A receipt that went to the institution's own cashier and a receipt that went to the enforcement cashier are not the same envelope. If the cashier's name is blank, the money is not treated as set off against the premium debt.

A statement taken from the institution's screen, if it is not an annex of the letterheaded writing, is not treated as an attachment order by itself. If the debtor's name on the screen and the name on the writing do not match, the screen has not corrected the writing. If the periods appearing on the screen are not on the annex list of the writing, those periods are not tied to this attachment. Even if the date of the image is after the date of the writing, the image does not change the letterhead. If the image has no unit name, the Social Security Institution is not assumed. A screen password or a user name does not stand in for the debtor line.

A hold that comes to the worker's wage account and a hold that comes to the employer's commercial account are separate notices. One does not change the other's addressee. The employer does not announce the hold on the worker's account as collection of the premium debt. The worker does not read the hold on the employer's account as their own wage. The account number on the notice should stand side by side with the debtor line on the writing. If the number is not on the writing, the account is not treated as tied to the debt. If there are two accounts at the same bank, each notice's account line is read separately. An account whose line is blank is not made the annex of the one that is full.

The annexes of the writing are kept in the same envelope as the letterhead and the debtor line. If an annex has dispersed, the dispersed annex is not completed from another institution's paper. If there is no service piece, a date of service is not added. While there is no date, it is not said the period has run out. A writing that went out to the lawyer does not change the name on the debtor line. If the lawyer line is blank, the writing is not treated as served on the lawyer.

A premium writing and an administrative fine may carry the same letterhead. If the type line says fine, the premium statement is not the annex of this writing. If the type line says premium, a fine record does not build this debt. If the two types are in the same envelope, each one's annex list is read separately. If there is no list, the types are not joined. A share in the share ledger does not widen the debtor line. If the share is not on the writing, it is not said the shareholder is liable for a part of the debt. If there is no sentence of a part, a share is not produced from here. The short name on the signboard does not change the unit on the letterhead.

Conclusion

The three lines that are kept are the letterhead, the debtor, and the type of debt. If there is no statement, a base and a period are not produced from these lines. Law No. 2004 is tied to a paper whose heading is the enforcement office. The institution's letterhead is not the payment order of that statute. If the lines conflict, contact is for the writing to be read. The frame stands on the enforcement and bankruptcy law page.

Legislation

Frequently asked questions

If the name on the premium statement and the debtor on the writing differ, which is the addressee?

The addressee is the debtor line of the attachment writing. The name on the statement does not change this line. If both names stand, the conflict is not closed by inventing the statement. Before the conflict closes, a worker, a shareholder, or another company is not written as the debtor.

Does a payroll stand in for the calculation of the premium debt?

It does not. A payroll is not the institution's premium statement. The wage column is not read in place of the premium base. The base and the rate are not built on this page. If there is no statement, the amount is not completed. A missing month is not chosen from the time sheet on the payroll.

Is a tax-office stamp a premium attachment?

The debt is the writing of whichever institution the stamp shows. That it is a premium is not accepted before it is read on a separate Social Security Institution line. A tax-office letterhead is not made the authority of the premium debt. A traffic or motor-vehicle line does not make this stamp the Social Security Institution either.

Does a bank message change the authority?

It does not. If the message has no institution name, an SGK attachment is not assumed. If there is a name, it is compared with the letterhead of the original writing. If the message and the letterhead show different institutions, the account movement is not completed as a premium attachment.

Does a shareholder's debt stand by itself on the company's writing?

The addressee is the name on the debtor line. A shareholder or the company, if not on the line, is not added. The worker's name does not carry the employer's debt to the worker either. A signature circular does not make a shareholder who is not on the line the debtor.

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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