In short
Enforcement brought against the wrong person arises from a namesake, a wrong identity number, an old partner's trade name, or service at the wrong address. The first task is to read whether the debtor in the file and you are the same person. Sharing a name does not create a debt. A payment order is not paid blindly. The file is not treated as closed without identity papers.
How identity is matched
The Turkish identity number or tax number in the file, the name, the birth details, and the address are compared with your civil-registry or trade-registry record. A difference of one letter is not trivial. If the identity number is not yours, the file is not your debt. If the number is yours and the name is wrong, a written notice is still given to the office. The notice contains a copy of the identity document and the file number.
The article enforcement when I have no debt explains the claim that the debt never arose. This article does not repeat that claim. The focus here is that the debtor has been identified as the wrong person.
What can be done
In proceedings without a judgment, an objection within the time limit is discussed. The frame of the objection is in the article on objecting to enforcement proceedings. The time limit is read from service of the payment order, and it is not frozen in this article. If there is an irregular act, a complaint is brought separately. A negative declaratory action may also be discussed where needed. A negative declaratory action is aimed at a finding that the debt does not exist.
If service reached you but the debtor is someone else, irregular service in enforcement is also weighed. Service on you does not make you the debtor. The papers that arrived may still appear to have started the time limit. For that reason the papers are kept, and a written identity notice is given to the office.
The company and the trade name
A limited company's debt does not always pass to a person in the capacity of shareholder. Proceedings opened in a former shareholder's name are compared with the current list of directors or shareholders on the register. Company debt and personal attachment explains that distinction. Similarity of trade name does not mean that the tax number is the same. If the tax number is not in the file, payment is not made without asking.
How identity is read
The proceedings are in the file of the enforcement office where they were opened. Service may have gone to an address in Ankara while the debtor is registered in another province. The office being in Çankaya does not change the debtor's identity. Counsel in Ankara first asks for the payment order, the identity number in the file, and a civil-registry or trade-registry extract.
This article looks at whether the numbers are the same. If they are not, that is written in the first sentence of the petition. If they are, one looks at the source of the debt, the contract, or the invoice. If two namesakes exist and the invoice was issued to the other one, the invoice and the identity document are placed side by side. Where there is no match, one does not say "let us pay anyway". Money that is paid may have to be claimed back from the wrong person.
If the identity number is not yours, give the office written notice of that and attach a copy of the payment order. The debtor's name on the copy and the name on the identity card should stand side by side. The office enters the notice on the file. The proceedings are not treated as having dropped away from you before the endorsement of that step arrives. If an attachment has been placed, one asks that the attachment also be tied to this notice.
If you live at the same address as the person whose name you share, service may have reached you. Its arrival does not mean that you assumed the debt. Still, keep the date of the papers. The date shows the time limit for an objection. The time limit is not frozen in this article. The debt does not pass to you by itself. For it to pass, a contract, a suretyship, or your signature is required.
If the file is not yours and you have paid a sum, ask in writing for that sum to be returned as well. Return is a separate item from correcting the identity. The receipt, the principal file number, and the identity document are submitted together. The office may not return the money before it endorses that it collected the money from the wrong person. One does not say "my money came back" before the endorsement arrives. The return is understood from the cashier's slip.
Money paid before the identity is matched is not treated as having closed the true debtor's debt. For a return, the receipt and the identity document are submitted together.
Conclusion
In enforcement against the wrong person, matching identity is the first step. Sharing a name does not create a debt. An objection, a complaint, or a negative declaratory action is chosen according to the result of the match. The time limit is read from service. The frame is on the enforcement and bankruptcy law page. The basis is the text of the Enforcement and Bankruptcy Code No. 2004.