The court responsible for the case of restitution is the courts of First Instance. The competent court is the court of the defendant’s settlement or the court of the place of execution.
If the case is won by the plaintiff in the case of restitution, not only the money paid to the creditor by execution follow-up, but also the execution fees and expenses that he has to pay, the defendant has the right to receive from the creditor.
It should be noted that if the payment is made without realizing that the debt has expired, a claim for restitution of the money paid by the borrower cannot be filed.
On the other hand, if the plaintiff loses the case, the defendant will have to pay the creditor the trial costs related to the case.
In cases explained, it is also not possible for the party that lost the case to pay 40% compensation.
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