What Is Restitution? How To File A Restitution Claim?
These are lawsuits filed when the debtor demands the return of money collected from them without cause as a result of enforcement proceedings. If the debtor did not object to the enforcement proceedings or had their objection dismissed and was forced to pay the debt in full or in part, they can file a restitution lawsuit within one year of the date they paid the money, taking into account the general provisions.
Why is a Recovery Lawsuit Filed?
If, prior to enforcement proceedings, the debtor has filed a declaratory judgment action as a precautionary measure and has not obtained a result, the debtor is obliged to pay this amount. Even in this case, they may not actually be considered a debtor or may believe that they do not owe the debt and may demand the return of the money they believe they have overpaid. Consequently, since they did not object earlier and file a lawsuit on this matter, there will be no court decision regarding their debt.
What are the Conditions for a Recovery Lawsuit?
A recovery lawsuit can be seen as similar to the unjust enrichment lawsuit mentioned earlier. As in unjust enrichment, the aggrieved party becomes the plaintiff to remedy their grievance and recover the excess amount paid. The courts again require the plaintiff to bear the burden of proof in this regard. In this context;
The debtor can file a restitution lawsuit if they believe they are not liable.
If the payment was made by the debtor during enforcement proceedings, a restitution lawsuit can also be filed at this point.
A restitution lawsuit can also be filed if the debt was paid by the debtor under threat of compulsory enforcement.
The statute of limitations for a restitution lawsuit is one year. In other words, this lawsuit must be filed within one year.
Competent Court for Restitution Lawsuits
The competent courts for restitution lawsuits and other material disputes are always the Civil Courts of Peace. Individuals can file these lawsuits at the courthouses in their district or city of residence.
Conversion of a Negative Determination Lawsuit into a Recovery Lawsuit
Pursuant to the Enforcement and Bankruptcy Law, if a precautionary decision has not been implemented in a negative determination lawsuit and, in return, the debtor has paid the debt, the ongoing negative determination lawsuit can be converted into a recovery lawsuit.
Consequences of a Recovery Action
If a recovery action is filed and accepted by the court, the money, fees, and expenses paid during the enforcement proceedings will be reimbursed to the plaintiff. In addition, the defendant will pay the costs of the proceedings.