1. Prove the Existence of Unfair Enforcement Proceedings
The basic condition for filing a restitution case is that the payment was made through enforcement. However, you must prove that you were not in debt at the time of this payment. For example, it is important to present documents showing that the debt subject to enforcement proceedings is actually a non-existent debt and that the payment order was issued unfairly.
Example: Although you have previously paid your debt to the bank, receipts and payment documents proving that enforcement proceedings have been initiated again must be submitted to the court.
2. Prove that You Had to Make a Payment
One of the most important elements of a restitution case is that you made a payment as a result of enforcement proceedings. The court wants to see that this payment was made not willingly but compulsorily. Therefore, you must present complete documents such as enforcement receipts and bank transfer information to prove that the payment was made under enforcement pressure.
Example: Bank receipts showing that the payment deposited to the bank exactly matches the amount requested by the enforcement office.
3. File a Lawsuit Immediately
A lawsuit for restitution must be filed within 1 year from the date of payment. Paying attention to the statute of limitations is an important way to increase your chances of winning. Therefore, you should take action quickly after making the payment and prepare your lawsuit petition.
Example: If the lawsuit is not filed within one year, the payment cannot be recovered and an unjust payment will have been made despite the illegality of the enforcement proceedings.
4. Manage the Process with a Legal Representative
Restitution cases are cases that must be supported by technical knowledge and strong evidence. Therefore, working with an expert lawyer in the field will increase your chances of winning. The lawyer can turn the course of the case in your favor by ensuring that the documents related to the enforcement proceedings are submitted completely and correctly.
Example: Your lawyer identifies the irregularities in the process before and after the payment, prepares the documents that need to be submitted to the court and creates an effective defense strategy.
5. Prove That the Enforcement Proceedings Are Unlawful
The essence of the recovery case is based on proving that the enforcement proceedings are unlawful. At this point, you need to present evidence proving that you are not in debt, that the payment was made compulsorily, and that the enforcement proceedings were initiated erroneously or unfairly.
Example: The creditor’s incorrect calculations or the fact that the payment order sent to you is incorrect are examples that prove that the enforcement proceedings are unlawful. You can increase your chances of winning the case by proving this with documents.
6. Don’t Forget to Request Compensation
In the recovery case, you can not only get back the money you paid, but also claim compensation for the material and moral damages you suffered during this process. In particular, if you have experienced loss of business, reputational damage, or material damages as a result of the enforcement proceedings, you can claim these damages in court.
Example: You can claim compensation by proving that the seizures placed on your bank accounts due to unfair enforcement proceedings have reduced your ability to do business and caused material damage.
7. Use Appeal and Court of Appeal
Even if you cannot get the result you want in the first instance court, appeal and court of appeal are always open. In a restitution case, appeal allows your case to be reviewed by a higher court and allows for the correction of erroneous decisions.
Example: Even if the first instance court does not rule in your favor, you can take your case to the Regional Court of Justice and request that the decision be reviewed again and justice be served.
