1. Rights of the Plaintiff
a. Request for Refund
The plaintiff may request the refund of the amount paid by stating that the payment was made unfairly and without cause. This right arises from the moment he/she thinks that he/she made an unlawful payment.
Example: A taxpayer who made an extra payment due to an incorrect tax collection may file a restitution lawsuit for the refund of the tax.
b. Right to Present Evidence
The plaintiff may present any evidence to prove that the payment was unfair. Bank statements, payment receipts or official correspondence may be used as evidence.
c. Right to Request Interest
The plaintiff may also request the refund of the interest accrued since the date the payment was made. If this request is deemed justified by the court, the interest will also be paid to the plaintiff.
d. Right to File a Lawsuit Within the Limitation Period
The plaintiff must file a restitution lawsuit within a certain limitation period. There is usually a period of 1 year from the date of the unjust payment, but it may vary depending on the characteristics of each case.
2. Defendant’s Rights
a. Right to Defend That the Payment is Lawful
The defendant may argue that the payment is lawful and does not need to be returned. In this case, he must prove that the events that led to the payment are based on justified reasons.
Example: A defendant institution may claim that the fee collected as a service fee is based on a contract and is justified.
b. Right to Present Counter Evidence
The defendant may present documents to the court showing that the payment is justified. Contracts, invoices and similar documents are among the evidence that can be used for this defense.
c. Request for Court Expenses and Attorney Fees
If the defendant wins the case, he has the right to request court expenses and attorney fees from the plaintiff.
d. Right to File a Statute of Limitations Objection
If the plaintiff has not filed the lawsuit within the statute of limitations, the defendant may file a statute of limitations objection and request the dismissal of the lawsuit.
3. Results of the Case
If the court determines that the payment was made unfairly as a result of the restitution lawsuit, it decides to return the payment made to the plaintiff and pay any interest. Otherwise, the lawsuit is dismissed and the result is in favor of the defendant. The court also evaluates the claims of both parties regarding court costs.
4. Case Studies
Tax Refund: Cases filed for the extra collection of an incorrectly calculated tax and the refund of the payment.
Debt Refund: Cases filed for the refund of a payment made for reasons such as the second payment of a debt.
