Debt Claim Cases in Turkey

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A receivable is a commodity, money or other things that will be collected from the creditor's person or persons in a debt relationship. If the creditor fails to collect his debt from the debtor, this is the lawsuit receivable case for the collection of the debt from the creditor. The receivable lawsuit is the type of lawsuit filed by the creditor to take the debt that the debtor did not pay through the lawsuit.

There are two parties in the debt case, the debtor and the creditor. There is a debt relationship between creditor and debtor. The source of the debt relationship; contract, unjust enrichment, unfair act, proxy business. With the debt relationship, the borrower has to pay the debt. If the debtor fails to pay his debt in due time and if the payment day passes, he fails to pay even though the payment day has passed, the creditor can file a claim if the conditions arise to collect his receivable.

Debt claims are among the types of cases that are frequently encountered today. It is possible to file a claim on many issues.

CONDITIONS FOR THE DEBT CLAIM LAWSUIT IN TURKEY

In order to file a claim, some conditions must have been met. These conditions are generally;

• Receivable due to receivable: The receivable must be in a position to be requested from the debtor.

• The borrower's payment date has passed: The receivable requested from the borrower must not have been paid at the time to be paid and the specified payment date must have passed.

• The Borrower's Failure To Pay Its Debt: The debt that was due and past the payment day must not have been paid by the debtor.

• Clarifying receivables clearly: The person who filed the receivable lawsuit must clearly state his receivable and request it by the lawsuit. In the litigation process, the judge takes into account the creditor's request. While the judge can decide less than the amount requested by the claim, he cannot decide higher than the amount requested.

If the receivable is not clear, an indefinite receivable lawsuit is brought up. The indefinite debt case is also a debt case. However, when an action is filed in an indefinite receivable case, the amount of the receivable cannot be determined exactly and precisely and it is not possible to determine it. The indefinite debt suit is a legal issue in itself.

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