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Paying Court Fees for man who I am sueing

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Old 10-10-2008, 11:43   #1
Konuk

 
Varsayılan Paying Court Fees for man who I am sueing

I took out a court case against a Turkish man who had conned me while buying a house in Turkey.

The court ruled in my favour in January. I've been asked by my lawyer however to pay the court fees for the man I'm suing as the Tax Office can't extract the money from him.

My lawyer then says the baliff's office in Turkey will be able to seize this man's assets and I will get my money.

This all sounds very strange to my Irish ears. I keep questioning my lawyer about it but he is not answering my questions.

Firstly, is my lawyer being straight with me? Is this the law in Turkey?

Secondly, am I likely to get my money back? I can't help feeling that the time period involved will have enabled this man to get his money out of Turkey.

I am very unsure what to do so I would be very grateful for any advice you have for me
Old 12-10-2008, 00:03   #2
Tiocfaidh

 
Varsayılan

I can really imagine how strange it sounds to a European person, but this is actually what the procedural law rules order in Turkey. Every claimant must pay the court/execution fees and litigation costs to be payed back by the defendant at the end of the case or execution(provided that the judgement or execution results in favour of the claimant) in terms of the 413th and 416th acticles of Turkish Civil Procedures Code.

It's not a healthy way to make comments regarding your case for me, as an external lawyer who is not aware of the events and the documents properly, however I can sincerely and honestly say that your lawyer's demands concerning those fees of execution are legitimate.

Regarding your 2nd question, the assets and/or money of the man you sued should have gotten blocked in bank, land registry or where they are enrolled in with an injunctive process during the trial. Your lawyer, who has been professionally carrying out this this job for a long time, must have taken all actions needed in terms of your benefits.

I recommend you to trust in your lawyer and calm a little dawn

King regards
Old 06-02-2009, 17:03   #3
Konuk

 
Varsayılan

Hi, I am in exactly the same position as yourself. The courts found in my favour and awarded me my money back. That was last June, and as you have been told, I now have to pay another three thousand pounds in order to take the man back to court to try and get the money.
However I have been told that if he has no assets that I would be wasting my money. The man in question has also been in contact and said he won't be paying and I really don't think there is anything I can do.
As soon as I started court proceedings the building company I bought my property off, was dissolved, I presume, so that they don't have to pay me.
I find the whole thing very frustating and up setting that I have lost sixty thousand pounds. Surely there is something we can do!
Old 20-04-2009, 22:45   #4
İzzet Hamle

 
Varsayılan

Check this out" I heard some some people were playing with the applicable court fee figures. The court fee is 5.6 % of the total claim while ¼ is payable in advance. If you win the action, you should pay the remainder as well in order to be able to get the detailed judgment from the court and present it to the court bailiff's office as soon as possible, which will issue a payment order for enforcement and send it to the debtor. Otherwise the court will write to tax office to collect the court fees from debtor. The payment order to be sent to the debtor will also include the court fees paid out by the winner to the court in order to get the detailed judgment. Payment order sent by court bailiff's office to the debtor regarding enforcement of judgment is not subject to court baliff's office application fee, which is 0.5 % of the total amount claimed. However, the lawyer will automatically have a right to additional lawyer fees after he has presented the judgment to the court bailiff's office, even if there is no agreement between him and the principal. If there is no agreement between the lawyer and the principal, regardless of whether it is an action at the court or sending a payment order through the court baliff's office, the lawyer fees will be calculated according to fee schedule announced by the Union of Turkish Bars. In additon, the lawyer fee granted to the winner and imposed on the defendant will also belong to the lawyer unless there is a written agreement between the lawyer and the principal to the opposite. In other words, the lawyer is not recoverable unless there is a written agreement between the lawyer and the principal.
Old 03-05-2009, 13:22   #5
Konuk

 
Varsayılan court fee

the court fee is not 5.6%, its 5.4 % of total claim , you should pay 1/4 of it in advance
Old 27-10-2009, 15:44   #6
İzzet Hamle

 
Varsayılan

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Yazan Konuk
the court fee is not 5.6%, its 5.4 % of total claim , you should pay 1/4 of it in advance
This is true. Apologies for any inconvenience. In the meantime there is some good news. Some courts recently approved giving the judgment to the winner without collecting the court fees attributable to the party who lost the case.
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