Debt Collection Lawsuit
A debt collection lawsuit is a legal action filed by a creditor to recover a debt when the debtor fails to fulfill the obligation. Gürbüz Law +Partners Law Office Yenişehir Debt Collection Lawsuit Attorney provides effective legal support in resolving disputes arising from their clients’ receivables.
To speak of a debt collection lawsuit, there must first be a debt relationship and the creditor must be unable to collect their receivable. The owner of the right to receive is called the creditor. According to the Turkish Code of Obligations, there are four main sources for the creation of debt. These are: Contract, Tort, Negotiorum Gestio, and Unjust Enrichment. The debt collection lawsuit is regulated in the Civil Procedure Code and is in the nature of an action for performance.
Conditions for a Debt Collection Lawsuit
For a debt collection lawsuit to be filed, these conditions must be met simultaneously:
- The debt must have become due and payable
- The payment date of the debt must have passed and it must not have been paid yet
- The debt must not have been previously paid to the creditor
- The receivable must be of a nature that can be clearly specified at the litigation stage.
If there is a receivable and the debtor party is not fulfilling their obligation or avoiding paying their debt, an debt collection lawsuit, which is a type of action for performance, can be filed. In debt collection lawsuits, the receivable must be specific or determinable.
Indefinite Debt Lawsuit
In an indefinite debt lawsuit, regulated under Article 117 of the Civil Procedure Code, the amount or value of the receivable cannot be fully and precisely determined at the time of filing the lawsuit, or it is not in a determinable state. The creditor can file an indefinite debt lawsuit by specifying the legal relationship between them and a minimum amount. When an indefinite debt lawsuit is filed, the statute of limitations is interrupted for the entire receivable. If the conditions are met, filing an indefinite debt lawsuit has certain benefits for the creditor. These can be summarized as follows: litigation costs are reduced, the risk of making incorrect or incomplete claims is reduced, the claim amount can be increased without the consent of the opposing party when it becomes determinable, interest is calculated from the date of the lawsuit if the claim amount is increased and interest is requested, and the statute of limitations is interrupted for the entire receivable.
An indefinite debt lawsuit is an exceptional type of lawsuit by nature, and the plaintiff must explicitly state in the petition that they are filing their case as an indefinite debt lawsuit. In debt collection lawsuits, each concrete case has different characteristics. As a Yenişehir Debt Collection Lawsuit Attorney, we represent our individual and corporate clients in the preparation and execution stages of lawsuits.
Yenişehir Debt Collection Lawsuit Attorney
In cases where the creditor cannot determine the value and amount of the receivable, they need to file an indefinite debt lawsuit for the court to determine this. Debt collection lawsuits contain a lot of technical information and details. It is crucial to determine whether the debt collection lawsuit should be filed as a definite debt lawsuit or an indefinite debt lawsuit. For this reason, legal advice should definitely be obtained from an expert debt collection lawsuit attorney. As a Yenişehir debt collection lawsuit attorney, we provide support to our clients in obtaining their receivables and preventing loss of rights in line with their requests. In debt collection lawsuits, it is extremely important to provide the burden of proof, and claims must be supported by evidence and indications. In this regard, the Yenişehir debt collection lawsuit attorney conducts the process through an expert lawyer in their department.
The competent courts in a debt collection lawsuit are as follows: If the subject of the receivable arises from a commercial relationship, Commercial Courts; if the receivable arises from a relationship between a consumer and a seller, Consumer Courts; in debt collection lawsuits arising from rental relationships, Civil Courts of Peace; if the subject of the receivable consists of general legal transactions, Civil Courts of First Instance are competent.
