It is the case that the money received from the debtor without any reason as a result of the execution follow-up is requested back by the debtor. In cases where the debtor does not object to the execution proceedings or is forced to pay the debt in whole or in part because his objection has been removed, the debtor may file a claim for restitution within one year after the date of payment of this money, taking into consideration the general provisions.

Why Do We Have To File An Invasion?

Before the execution follow-up, if the debtor has filed a suit to determine the person’s interest and failed to get results, the debtor has to pay the amount owed. Even so, he may not really be considered indebted, or he may think he is not in debt, and he may claim back the money he thinks he has overpaid. There will also be no court ruling that he is indebted because he has not previously appealed and filed a lawsuit on this matter.

What Are The Conditions Of The Restitution Case ?

The occupation case can be seen as the unprovoked enrichment case we mentioned earlier. Just as in unprovoked enrichment, the victim becomes a plaintiff in order to eliminate his or her victimization and to receive the overpaid money. The courts again demand from the plaintiff the obligation of proof in this matter. In this context,;

If the debtor thinks he is not indebted, he can sue for restitution.
If the payment has been paid by the debtor during the execution follow-up, the claim may also be filed at this point.
If the debt is paid by the debtor with the threat of execution, the claim may be filed.
The statute of limitations for the recess case is one year. In other words, this case must be opened within a year.
Competent Court In The Recess Case

The case for restitution, etc. in material disputes, the competent courts are always the Magistrates ‘ Courts. Persons may file these cases in the courts of their district or city of residence.

Turning The Culprits Case Into An Employment Case

If an injunction has not been applied in the compensation case in accordance with the execution and Bankruptcy Law and the debtor has paid his debt in return, the already ongoing compensation case can be converted into an employment case.

Results Of The Restitution Case

If the claim is filed and the case is accepted by the court, the money, fees and expenses paid during the execution follow-up process will be paid to the plaintiff. The defendant will also pay the costs of the trial.