What is a Sedition Case?
A recovery lawsuit is a lawsuit filed by the administration to reclaim property that has been unlawfully confiscated or destroyed. This case is regulated in Article 105 of the Administrative Procedure Law (İYUK).
When is a Strife Case Filed?
The lawsuit for recovery must be filed within 60 days from the date the administrative action was learned. If this period is regulated differently in special laws, it follows that period.
Who can file a lawsuit for extortion?
A lawsuit for confiscation may be filed by the owner or possessor of the seized or destroyed property. If there is more than one owner or owners of the property, the lawsuit can be filed together or separately.
Where to file a defamation case?
The seizure case is filed with the administrative court where the administration that carried out the seizure or destruction is located.
Required Documents in the Recovery Case:
The following documents must be submitted when filing a recovery lawsuit:
• Petition of lawsuit
• Receipt of necessary fees and expenses
• Document showing the seizure or destruction (report, decision, etc.)
• Document showing the ownership of the goods (title deed, invoice, etc.)
Evidence in the Extortion Case:
In a sequestration case, evidence must be presented that the seizure or destruction took place and that the property belongs to the plaintiff. These evidences include witness statements, expert reports, photographs, etc. it could be.
At the end of the recovery case:
If the court accepts the case, it decides to return the seized or destroyed property to the plaintiff. In addition, material or moral compensation may be paid to the plaintiff.
Things to Consider About the Recovery Case:
• The lawsuit for extortion must be filed within 60 days.
• The petition must clearly state that the seizure or destruction is unlawful and that the property belongs to the plaintiff.
• A document showing the seizure or destruction and a document showing the ownership of the property must be attached to the case.
• In the case, evidence must be presented that the seizure or destruction took place and that the property belongs to the plaintiff.