Restitution Action And Its Consequences
The Civil Courts of First Instance are the competent court for the restitution action. The competent court is the court of the defendant’s domicile or the court of the place where the execution proceeding is filed.
In the event that the plaintiff wins the case, the defendant is entitled to recover from the creditor not only the money paid to the creditor through the enforcement proceedings, but also the enforcement fees and expenses that the creditor had to pay.
It should be noted that if the payment is made without realizing that the debt is time-barred, the debtor cannot file a recovery action for the return of the money paid by the debtor.
On the other hand, if the plaintiff loses the lawsuit, the defendant creditor will be required to pay the judicial expenses related to the lawsuit.
In the cases explained, it is not possible for the losing party to be sentenced to pay 40% compensation.