Enforcement & bankruptcy · Legal information

If the Identity Number Is Written Wrongly in the Request, Whom Does the Attachment Reach?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The attachment goes to the identity number written in the request for proceedings. If the Turkish identity number was written wrongly, the office does not correct the number according to the person the creditor meant. A bank, and a similar addressee, looks for the number on the writing. This page is not the guide of the person the papers reached as the wrong person. That guide is in the article on enforcement opened against the wrong person.

The office letter carries the number in the request

The attachment writing copies the number in the request for proceedings. If one digit has slipped, the writing goes to the counterpart of that digit. Even if the real debtor's name stands on the same line, if the number belongs to another identity, the result is not built from the similarity of the name. Which number was written is understood by reading the request and the office letter side by side. If the number is not in the file, this text does not produce a number.

If the office letter went to more than one institution, each writing carries the number on itself. If the number was corrected on one institution's writing and the old digit stands on the other, the writing that was corrected does not stand in for the one that was not. The correction is read by the annotation entered in the file. While there is no annotation, an institution's internal note is not treated as having changed the digit in the request.

An attachment notice also carries the number in the request. What the notice is is in the article on an attachment notice. How the bank will answer the writing is in the article on how to answer an attachment notice. This text does not build that answer. What is built is which digit the number was copied from. The bank does not look for the number according to the person in the creditor's mind. The digit that is looked for is the digit written on the notice.

Writing a natural person's number for a company debtor, or a tax number for a natural-person debtor, produces the same slip. The name on the invoice is in the article on the debtor company on the invoice. If the name is right and the number is wrong, the name does not repair the number by itself. A conflict of number and name is not a summary of the invoice guide. The conflict is read by setting the digit in the request and the basis side by side.

If the name and the number conflict

If the name in the request belongs to one person and the number to another, the office does not join the two records by itself. The third person takes the number on the writing as the basis. The conflict does not close without a correcting petition and a basis. The basis must show which identity is the debtor on the contract or the invoice. If it does not show it, the right number is not chosen by a guess. A guess does not add a new identity to the attachment writing.

If a civil-registry extract and the request conflict, the extract does not silently write itself over the digit in the request. If the extract was placed in the file, the two digits are read side by side. If it was not placed, the request is not treated as corrected because the extract stands in the creditor's hands. If a spouse's, a partner's, or an accountant's number was not written as the debtor on the basis, that number does not become a spare identity. A digit chosen as a spare is not added to the attachment writing.

The other elements of the request stand under the heading a request for proceedings without a judgment. This text does not rewrite the start of interest and the route of the proceedings. The only digit that is read is the identity number. If the digit is right, whether the debt arose is another question. A debate on the debt does not make a wrong figure the right figure. If the figure is right and the person says they do not owe the debt, this is not a correction of the number either. A correction of the number is the digit changing with the basis. An allegation of a debt does not carry the digit to another person by itself.

The correction does not open a new file number

The wrong digit is corrected under the same file number. A new enforcement file does not turn the wrong number into the right number. A second proceedings for the same claim is in the article on a second proceedings. An attachment that issued before the correction was entered may have gone to the person on the written number. If that person has no debt, the subject is in the article of the person against whom a file was opened. The creditor does not continue the attachment that remains on the wrong number. Continuing it has not found the right debtor's property. The error is written in the file, and correction of the writing is asked.

The petition for correction must show together the old digit and the digit that appears on the basis. If it does not show them, the office does not choose by a guess which figure will be left. A new office letter that issued before the petition was entered may still carry the old digit. Whether it was entered is read from the file annotation. While there is no annotation, the creditor's sentence "I corrected it" is not treated as having changed the institution's writing.

This page does not prescribe where the property will stand. What is prescribed is whom the number in the request directed the attachment to. A land, vehicle, or wage record goes to the number on the writing. If the record shows another name, the name that is shown is not announced as the right debtor before the request is corrected. The announcement is read when the correction annotation and the basis stand side by side.

The address of service does not stand in for the number

The address the payment order went to does not correct the identity number. An address record and a faulty number are not the same act. Whom the service issued to is read from the name on the envelope. Whom the number belongs to is read from the digit in the request. If the two records conflict, the number and the basis are compared first. That service has been made, before the comparison is made, does not have the attachment treated as having gone to the right person.

If the envelope went to the right address and the number is wrong, the correctness of the address does not repair the number. If the envelope went to the wrong address and the number is wrong too, the two errors stand as two records. One is not the corrector of the other. The service slip and the attachment letter are separate papers. The name on the slip does not change the number on the letter by itself.

If, of two persons with the same name, the invoice belongs to one and the number to the other, the invoice and the digit are set side by side. While there is no match, the attachment writing is not left by the suggestion of the name. The writing that is left continues to carry the number that stands in the request. That one of the namesakes accepts the debt does not turn the attachment that went to the other's number into the right person. The acceptance must show for which file and which digit it was made. If it does not show it, the acceptance is not treated as having changed the figure in the request.

The institution's reply does not repair the number

A bank, a registry, or a similar place answers according to the number on the writing. A reply that says the person was not found has not found the person the creditor meant. A reply that says a property record appeared on another person does not make that person the debtor who was intended either. If the two replies conflict, the conflict is not closed before the digit in the request and the basis are corrected. A conflict that is not closed does not write one institution's answer in place of the other's.

The institution may say it found the name right and the number faulty. If this sentence stands in the file, it is read as it stands. The sentence does not stand in for the petition for correction. Before the correction is entered, the institution's warning does not produce a new identity number. A number that is not produced is not treated as added by hand to the next office letter. If the addition is not on the annotation, it is not there.

A foreign identity number, a tax number, and a trade-registry number are not the same digit. Whichever kind was written in the request, that kind is read. If the kind is another on the basis, the other kind is not chosen in this text as the right kind. The choice is made with the petition for correction and the basis. A kind that is not chosen does not have the attachment treated as having gone to the company or the person who was intended.

If the kind of digit is mixed

If the number written in the request has too few or too many digits, the extra or missing digit is not completed in this text. The completion is asked by a petition if the same number stands as a whole on the basis. If the basis is incomplete too, the incomplete figure is not chosen as the right figure. A figure that is not chosen is not treated as added by hand to the office letter. If the addition is not on the file annotation, it is not there.

If the same person's old and new identity document carry a different number, it is looked for on the basis which number was written as the debtor. If the basis is silent, one of the two numbers is not left by a guess. A number that is not left is not accepted as having gone to the person the attachment was intended for. If the institution says it matched one number with the other, the match does not change the digit of the request without the correction annotation in the file. If the annotation does not show the old digit and the new digit together, which figure was left is not chosen either.

If there is a space or a point among the figures, the space does not produce a new number. A space that is not produced does not split the digit into two identities. A digit that is not split is read in the whole in which it was written in the request. If the whole does not hold with the basis, the part that does not hold is not dropped without a correcting petition. A part that is not dropped is not treated as having found the right debtor. If a printout on which the institution deleted the space does not stand in the file, the request has not become plain by itself. A request that does not become plain continues to carry the digit that stands on the office letter.

Conclusion

The attachment goes to the number written in the request. The correction is read in the same file, with the basis. The institution's reply, the address of service, and a second proceedings do not repair this number by themselves. The frame is on the enforcement and bankruptcy law page. The reading of the request with the documents is also done through contact. The basis is the proceedings provisions of the Enforcement and Bankruptcy Code No. 2004.

Legislation

Frequently asked questions

If the identity number is wrong, whom does the attachment reach?

The attachment writing carries the number written in the request for proceedings. The office does not correct the number according to the person the creditor meant. If one digit has slipped, the writing goes to the identity that digit shows.

If the name is right and the number is wrong, does the name repair the number?

It does not. If the name and the number conflict, the third person takes the number on the writing as the basis. The conflict does not close without a correcting petition and a basis. If there is no identity on the basis, the number is not chosen by a guess.

Is a new enforcement file opened for the wrong digit?

A new file number does not turn the wrong number into the right number. The correction is asked in the same file. A second file for the same claim is in the article on a second proceedings. A second cover does not erase the digit in the request.

Does an attachment that went to the wrong number stop?

An attachment that went to the wrong identity is not the property of the right debtor. The creditor writes the error in the file and asks that the writing be corrected. Continuing the attachment that remains on the wrong number has not found the debtor who was intended.

Is this page the guide of the person the papers reached?

It is not. The reading of the person against whom a file was opened is in the article on enforcement opened against the wrong person. This text reads the number in the creditor's own request.

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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