Enforcement & bankruptcy · Legal information

What Is Read When a Payment Falls into the Wrong Enforcement File?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If the file number on the slip and the file that is owed are not the same, the payment does not close that file. The money stands on the merits written on the receipt or in the cashier record. The other file's attachment is not treated as lifted that day by this money. The two numbers are read side by side. A sum is not in this text.

The merits the debtor turned over in their mind does not come before the payee line of the slip. The payee line shows which office's cashier was gone to. If the office that is owed is another, the money has not moved there of itself. The method of paying into the right place is under payment into an enforcement file. The enforcement continuing although the payment was entered is under I paid the debt. The name of the head that can arise when a collection record is opened is in the writing on the collection fee. This page does not define that head and does not write a rate. Only the number mismatch is read here.

The merits on the slip and the merits that are owed

The file that is owed is the office name and the merits number on the payment order or on the service. If the office or the merits on the slip is not one of these, the collection goes to the place the slip shows. The same debtor name does not join two files. The same creditor name does not join them either. A joining is by the record at the office. While there is no record, two merits are not treated as one debt.

The merits are not a number series made only of a year and a sequence number. The office name is part of this series. If the office name falls away, the same numbers can also sit on the cover of another enforcement. Sitting does not mean the money stands as collection on the cover that is owed. The office on the payment order and the office on the slip are written on separate lines. Separate lines are not reduced to one line by a sentence in a petition that "I actually meant that one."

The year and the sequence can coincide with a file of another office. The coincidence does not carry the money to the office that is owed. Which office's cashier was gone to is read from the payee line of the slip. If the payee line is empty, the match is not completed. An empty line is not filled with a sentence of intention. Even if the creditor's trade name is written correctly on the slip, if the merits are another, the trade name does not correct the merits. The trade name shows who appears as creditor. The merits show which enforcement the money was entered on.

The money stands in the file it was written to

The money stands in the account of the file it was written to. The debtor's note that "I meant the other file" does not change the cashier book. If there is no collection line in the file that is owed, that file's balance stays in place. The balance is read from that file's own statement. How the statement is built is in the writing on the cover account. This text does not line the lines up again.

The name of a partial payment, of an attachment that remains short, and of a fee line stays outside this question. What is read is which merits the money was entered on. If the merits it was entered on are not the merits that were meant, the file that was meant is not accepted as closed. Collection that appears on the wrong merits does not take the place of a line that was never opened on the right merits. While there is no line on the right merits, a sentence that "I paid somewhere" does not reduce the two balances to one balance.

If the money is waiting in a deposit account, it is not yet treated as tied to a merits. A sum standing in deposit does not bring down the balance of the file that is owed that day. The tying appears by which merits is written in the office record. If there is no merits in the record, the money may be standing in the middle. Money standing in the middle is not money that has lifted an attachment. Even if the debtor writes the sum in deposit as the right debt in their own book, the file has not closed before the office book changes.

A transfer record does not lift the attachment that day

A transfer can be asked from the office. The request writes together the merits where the money stands and the merits that are owed. If a single number is written, the office cannot know which money to send. The request paper is not the transfer line itself. The money does not change place before the line passes into the file. The attachment is not treated as lifted before the place changes.

When the transfer line is opened, the date that is read is the date in the office record. The hour the slip was cut is not written as the date of the transfer. If the hour is not in the file, it is not added. If the cashiers of the two offices are separate, there is no collection in the file that is owed before the money passes from one office's account into the other's account. The document of the passage should appear both on the statement of the office it left and on the statement of the office it entered. If one does not appear, the transfer is not assumed completed.

If the money was paid to the creditor of the wrong file, the same act is not spoken of as money that has newly entered the cashier. Whether a sum that has gone out will come back is read separately from that file's statement. This text does not conclude that return. Money on which a refund has been made is not narrated in the same sentence as money on the deposit line. The payee of the refund may not be the debtor on the slip. If the payee's identity is not on the statement, a return payee is not invented.

The two statements are read side by side

The documents that are read are the slip and the current statements of the two files. The slip should show the payee account and the merits line. The statement should show on which merits the money stands as collection. If one is missing, a photocopy of the other does not close the number difference. A contract may write the source of the debt. The contract does not change the merits at the cashier.

The application carries the number of both merits. If a number is not in the file, it is not invented. The petition does not turn the figure on the slip into another merits by its own sentence. The turning appears in the office record. A turning that does not appear is not proved by the intention in the debtor's message. The message does not change the bank description backwards either. If the description shows the wrong merits, the merits on the slip are read first. A later correction sentence is not treated as having erased those merits.

The current statement may not be the same paper as the statement on the payment day. Another collection, an expense, or a refund may have entered in between. For that reason, looking only at the first slip and saying the file closed ignores the later lines. The date of the two statements is written. If the date is not in the file, it is not said that "it closed that day." If a closed annotation stands on the wrong merits, a closing annotation is not produced for the right merits.

The same sequence does not close another office

The same sequence number can exist in two separate offices in the same year. This coincidence does not make the two files one enforcement. If the debtor memorised the sequence number and left out the office name, the money goes to the office where the memorised sequence is written. If the office it went to is not the office that is owed, the collection stays there. The collection that stays does not call back the other office's attachment writing of itself.

An abbreviation of the office name can produce confusion too. A payee name cut as "enforcement" may not show which directorate's till it is. If the payee name does not stand in full on the slip, the match stays half. A half match is not completed as a closing in the debtor's favour. If the full office name and the merits are not together, which file fell is not chosen on this page.

More than one creditor may have opened separate enforcements against the same debtor. If the slip shows one of the creditors' files, only that file's account is spoken of. The other creditor's file is not treated as closed by a similarity of name. Which creditor was written is not distinguished before the slip and the payment order are placed side by side. A single balance is not taken out of papers that are not placed side by side.

An institution writing is not lifted by a photograph of the slip

If a deduction continues in the right file, the reason is often that a collection line was never opened there. The employer and the bank do not lift the writing in their hands of themselves with a photograph of the slip. The lifting is followed by a new writing that goes from the file that is owed to the institution. If the new writing is not in the file, the old attachment writing is accepted as standing. An email in which the slip was sent to the institution does not take the place of that writing.

A collection line having been opened in the wrong file does not reduce the balance of the right file by the sum of that line. A sum is not written here. A reduction appears only on the right file's own statement. A reduction that does not appear is not treated as having stopped the deduction on the salary payroll either. The payroll looks at the attachment writing in the employer's hand. The payroll is not assumed to have changed before the writing changes.

If there is more than one attachment in the file, each writing may have gone to its own institution. One institution's writing may have been lifted, and the other's writing may be standing. A single slip is not read as if it had closed all of the writings that stand. Which writing is tied to which merits is read from the office paper. If there is no tie in the paper, a tie is not invented.

Conclusion

A payment that falls on the wrong merits does not close the file that is owed. The money stands where it was written. A transfer is read only with an office record that carries both merits. While there is no record, the attachment is not accepted as lifted. The same sequence number does not close the other file if the office name is separate. The frame is on the enforcement and bankruptcy law page. Entry of the collection on the file is read under the provisions of Enforcement and Bankruptcy Code No. 2004. If the two merits and the slip are in hand, they can be looked at separately through contact.

Legislation

Frequently asked questions

If the same sequence number exists in two offices in the same year, does the payment close both?

It does not. The merits are read together with the office name. The same sequence number of another office does not take the place of the file that is owed. Which office is written on the slip shows where the money stands.

If the name is right and the file number is wrong, is the money still entered on my debt?

The name does not correct the number of itself. If there is a merits number at the cashier, the money is written to that merits. If there is no collection line in the file that is owed, that file is not treated as closed.

If the creditor in the wrong file has drawn the money, is the transfer still the same act?

It is not. Money that has not yet left the cashier and money that has been paid to the creditor are not the same record. A return for money that has gone out is not built with this text's transfer sentence. Where the money stands is read first from the statement.

If the employer keeps deducting from the right file, does showing the slip stop the deduction?

On its own it does not. The employer looks at the attachment writing in hand. The old deduction can continue until a new writing goes from the right file. The slip does not take the place of that writing.

Can the balances of the two files be added up from this slip?

No. Each file's balance is read from its own statement. This text does not build that statement. The cover account is the name of the lines. A sum is not written here.

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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