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<\/p>\nIf the debtor has had to make a payment from his\/her assets as a result of an unfair enforcement proceeding, he\/she may have made the payment without objecting to this situation. In this case, the debtor who can prove that the enforcement proceeding was unfair may file a reclaim lawsuit to get his\/her payment back.<\/p>\n
<\/p>\n
Example: As a result of enforcement proceedings initiated on behalf of a person by mistake, the debtor may have made a payment so that his\/her real estate would not be seized. If it is later understood that the enforcement proceeding was actually wrong, he\/she may file a reclaim lawsuit to get the payment back.<\/p>\n
2. Payment of a Debt That Has Been Statuted to Limitations<\/p>\n
Even if the debt has been statute-barred, the debtor may have made a payment to the creditor without knowing or taking this into consideration. In this case, the debtor may apply for a reclaim lawsuit to get the amount he\/she has paid back.<\/p>\n
Example: If the creditor requests payment again for a debt that has become statute-barred 10 years ago and the debtor makes the payment without realizing this request, he\/she may file a reclaim lawsuit after learning that the debt has become statute-barred.<\/p>\n
3. Payments Made as a Result of Error<\/p>\n
If the debtor mistakenly makes an extra payment thinking that he is paying an existing debt, he has the right to file a lawsuit to have this mistake corrected.<\/p>\n
Example: When paying an electricity bill, a person may have made two payments for the same month, thinking that he was paying the bill for the previous period. In this case, he may file a lawsuit to have the extra payment refunded.<\/p>\n
4. Payments Made Despite the Existence of a Valid Debt<\/p>\n
A debtor who can prove that a debt does not actually exist or that he was deceived by the creditor may request the refund of the payment he made.<\/p>\n
Example: A company may have unfairly requested a bonus or debt from a former employee and received payment by putting the employee in a difficult situation with this request. The employee may request a refund by proving that the payment was unfair.<\/p>\n
5. Failure to Fulfill the Condition in Conditional Payments<\/p>\n
The debtor may have made a payment subject to a certain condition, but this condition may not have been fulfilled. In this case, a lawsuit may be filed to have the payment refunded.<\/p>\n
Example: A construction company may have made an agreement with the landowner and made a certain installment payment that will be valid when the project is approved. However, if the project is not approved, the company may want to get its payment back.<\/p>\n
6. Payments Made in Difficult Situation (In Case of Reluctance)<\/p>\n
If the debtor feels in a difficult situation and is forced to make a payment under threat or pressure, he can take this situation to court and demand the money back from the person he made the payment.<\/p>\n
Example: A merchant may have made a debt payment under unfair pressure in order not to lose his commercial reputation. In this case, he can file a lawsuit to get the payment back under duress.","protected":false},"excerpt":{"rendered":"
1. Payments Made as a Result of Unfair Enforcement Proceedings If the debtor has had to make a payment from his\/her assets as a result of an unfair enforcement proceeding, he\/she may have made the payment without objecting to this situation. In this case, the debtor who can prove that the enforcement proceeding was unfair […]<\/p>\n","protected":false},"author":12,"featured_media":8232,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8202","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8202","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=8202"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8202\/revisions"}],"predecessor-version":[{"id":8981,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/8202\/revisions\/8981"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/8232"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=8202"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=8202"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=8202"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}