In short
Waiver of enforcement proceedings is the creditor giving up the enforcement proceedings. It is different from the file closing by payment. It is not the same act as a release, an out-of-file collection, or a court settlement. A waiver does not mean the debt is treated as nonexistent. Without an office record, a closing is not alleged.
What a waiver does
The creditor gives up the proceedings by a petition. The file drops out of process or closes. A new request for attachment does not continue from the same file. The creditor weighs separately, according to limitation and release, whether they can later open new proceedings for the same claim. This article does not say it can never be opened again.
A waiver is made with the authority of the creditor or of the attorney. If the power of attorney has no authority to waive, the petition may remain incomplete. The authority is read from the relevant clause of the power of attorney. The debtor's saying "waive" does not bind the creditor.
The fee and the cover
At the moment of waiver, a collection fee or a set-off of an advance fee may come onto the agenda. The collection fee is the name of this item. There is no rate in this article. If the account cover is not current, the parties debate the amount. Without a current breakdown being asked for, it is not said that "the fee is finished."
If a sum was collected outside the file, that is notified separately from the waiver. The out-of-file collection article is that notification. Without the notification, a waiver does not mean the money was received.
The attachment and the annotations
A waiver petition by itself may not erase a land-registry or bank annotation. Release writings and notices to institutions are followed separately. Lifting an attachment is within the frame of these writings. The debtor does not rely on a message screen that says "I waived." What counts is the office record.
If a new sale day was announced while the annotation stands, it is asked whether the notice was also taken down. The notice may have been cut before the waiver petition. The office ties the two with an annotation. If there is no annotation, preparation for the sale may appear to have continued.
How the file closes
All the routes of closing are in the how a file closes article. Waiver is one of these routes. Payment, waiver, and cancellation are not put into the same result sentence. By which route it closed is in the file's last annotation. If the annotation does not write a waiver, the closing is for another reason.
The debtor asks for a copy of the waiver annotation. The copy is the annex of the release writing that will go to the bank or the land registry. Without the copy, the institution does not lift the annotation.
How a waiver is read
If the proceedings are at a given enforcement office, the waiver enters the file of that office. If the office is in Ankara, the annotation is entered on the file number in Ankara. That the office is in Çankaya does not change the office. An Ankara lawyer first asks for the waiver petition, the authority clause in the power of attorney, and the last cover breakdown.
This article separates whether the petition releases the debt. If there is only a giving up of the proceedings, it says separately that the debt continues. If the attachment annotation stands, it looks at whether a release writing issued. If it did not issue, the annotation is not treated as lifted even if a waiver was made. Messaging does not stand in for the office annotation.
In the waiver petition, it is written whether the whole of the proceedings, or a part, is given up. A partial waiver may continue the attachment for the remaining balance. If the remainder is not written, the office may see the petition as incomplete. An incomplete petition does not close the file by itself. Closing is understood from the annotation.
If the creditor's attorney waives, it is looked for that this authority is express in the power of attorney. If there is no authority clause, the principal creditor's signature is asked for. A petition given without a signature may wait at the office. A waiting petition does not erase the attachment annotation. For the annotation to be erased, a release writing and the document it rests on are issued separately. The document, the record, and the petition are kept together.
Before sending the waiver annotation to the bank and the land registry, the debtor takes a certified copy from the office. An uncertified printout may not be processed at the institution. The copy should write the file number, the date of the waiver, and the kind of property attached. If the kind is not written, the attachment record is also attached. An incomplete copy does not lift the annotation by itself. The annotation is treated as fallen when the lifting writing is entered in the institution's file.
Conclusion
Waiver of enforcement proceedings is the creditor giving up the enforcement route. It is not always a release. The attachment annotation is lifted separately. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Code No. 2004.