Debt Claim Action, Mediation and Annulment of the Objection

Debt Claim Actions and Legal Remedies

Depending on the nature of the specific case, the following actions and legal remedies can be considered:

• Actions for performance seeking collection of a claim of a fixed amount
• Actions for an indeterminate claim, if the conditions are met
• Partial actions for divisible claims
• Declaratory actions concerning the existence of the legal relationship or the claim
• Actions for specific performance of the contract
• Debt claim actions arising from money loans and acknowledgments of debt
• Actions on invoices, current accounts and commercial receivables
• Refund actions based on unjust enrichment
• Actions on recourse claims
• Claims for contractual penalty, interest and exchange-rate difference
• Actions for annulment of the objection
• Applications for removal of the objection
• Actions for a negative declaratory judgment and for recovery of payment
• Requests for precautionary attachment, interim injunction and preservation of evidence
• Proceedings at first instance, appeal to the regional court of appeal (istinaf) and, where the conditions are met, appeal to the Court of Cassation (temyiz)
• Implementation of the judgment and coordination with enforcement proceedings

An action for annulment of the objection to enforcement proceedings and a debt claim action filed directly are not the same in terms of the claim, the time limit and the consequences. Removal of the objection, on the other hand, is a separate enforcement-law route in terms of documents and jurisdiction. The choice of remedy must be made by examining the enforcement file and the available documents.

Court with Subject-Matter Jurisdiction, Territorial Jurisdiction and Procedural Prerequisites

A debt claim action is not heard in the civil court of first instance in every case. The court with subject-matter jurisdiction and the procedural prerequisite may vary according to the status of the parties and the type of legal relationship.

• Determining the civil court of first instance, commercial court of first instance, consumer court, labor court and other courts with subject-matter jurisdiction
• General and special rules on territorial jurisdiction
• The validity of a jurisdiction clause in the contract
• Cases of exclusive jurisdiction
• Mediation as a condition precedent to litigation in commercial and consumer disputes
• Application or arbitration committee requirements
• The scope and validity of the arbitration clause
• Court fees, advance on expenses and security requirements
• Determining the statute of limitations and preclusive periods

Do Not Confuse the Routes of Application

This comparison is not a personalized calculation of time limits. Service, special provisions and the effect of mediation on the time limit are assessed together. The expiry of the time limit for annulment of the objection does not mean that the right to bring a debt claim action ends in every case under the general provisions.

In which files is mediation a condition precedent to litigation?

TTK Art. 5/A is taken into account in actions for claims, compensation, annulment of the objection, negative declaratory judgment and recovery of payment that are commercial in nature and whose subject is a sum of money. Employment, consumer and lease disputes have their own scope and exceptions. The mere demand for money does not make every dispute a commercial case. The arbitration clause and special provisions are also checked.

An indeterminate claim or a partial action?

That the claim is disputed is not, by itself, enough for an action for an indeterminate claim. The conditions of HMK Art. 107 and Art. 109, the claimant’s ability to determine the amount, the divisibility of the claim and the consequences of a later increase are assessed together.