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Old 30th July 2012, 13:16   #1 (permalink)
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Court Costs?

I need some advice about court case costs, I would really appreciate some help here please.

If, a person looses a court case that they started (yes, Tapu... again!) does anyone know how the costs to be awarded are worked out by the Judge - How long the loser has to pay the costs - If the costs can be paid by instalments - What action is taken by the authoritys if you don't/can't pay?

I know that tragically there are members who have already had to face this travesty , any info would help, thanks
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Old 30th July 2012, 18:44   #2 (permalink)
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Re: Court Costs?

The Court Expenses and Fees shall be calculated over the amount that you filed the case for or over the value of the property. Basically, they are both the same.

When a party loses a case, around 4,5 percent of the value of the case(a stump duty) +expenses made during the judgement(Probably not more than 1.500 TL)+around 10 percent of the value(Attorney Fee) shall be calculated as Court Expenses and the Court, when the decision is absolute writes to the Tax Office for collection of the expenses. This time scale could be different place to place and it usuallly depends on the efficency of the Tax Office. Then you will be notified by the Tax Office and if the Court Expenses are not paid seven days after the notification, then all assests and the bank accounts of you shall be frozen. However, tax office is only cabaple of claiming the stamp duties but the other payment shall be followed by the lawyer of the winning party via Bailiffs Office.

I strongly advice you to pay the bill to a Tax office, when the decision becomes absolute.
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Old 30th July 2012, 19:32   #3 (permalink)
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Re: Court Costs?

Quote:
Originally Posted by Atibey View Post
The Court Expenses and Fees shall be calculated over the amount that you filed the case for or over the value of the property. Basically, they are both the same.

When a party loses a case, around 4,5 percent of the value of the case(a stump duty) +expenses made during the judgement(Probably not more than 1.500 TL)+around 10 percent of the value(Attorney Fee) shall be calculated as Court Expenses and the Court, when the decision is absolute writes to the Tax Office for collection of the expenses. This time scale could be different place to place and it usuallly depends on the efficency of the Tax Office. Then you will be notified by the Tax Office and if the Court Expenses are not paid seven days after the notification, then all assests and the bank accounts of you shall be frozen. However, tax office is only cabaple of claiming the stamp duties but the other payment shall be followed by the lawyer of the winning party via Bailiffs Office.

I strongly advice you to pay the bill to a Tax office, when the decision becomes absolute.

The answer to the first part of my question was useful Atibey re: calculating costs. But, how are Turkish bailiffs going to sieze what in effect, has/will be already stolen from me by other Turkish thieves? I don't/won't have anything in Turkey for them to sieze!

It's all very well you 'stongly advising me to pay', but what if I can't? Can payments be made by installments over a period of time? or, do all the Turkish authority's think we have money trees in our gardens?!

It would seem that I've fallen into yet another legal trap & taken advice on how to get my money back or my property, only to find that loosing will cost me yet again!!

After they realise they've already had all my money, what other actions could they take against me?
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Old 30th July 2012, 19:43   #4 (permalink)
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Re: Court Costs?

Good question!

The answer is simple and the law is same everywhere. If you do not have any assets and money in your accounts, the bailiffs may visit you and seize your goods at home apart from some, which are necessary for you to leave. However, most lawyers would not take this route as the goods at home does not make money.

My strong recommendation to you is; if at any point you are visited by the bailiffs office, avoid signing the payment promise. Call a translator and learn what are you signing exactly. Do not sign any document where it says I shall pay ...... amount at ....... Resulting signing of such document and not paying on the promised date, shall take you to a jail for three months. However, if you do not sign such document, noting will happen unless, other party could find any assets registered over your name.
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Old 30th July 2012, 20:07   #5 (permalink)
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Re: Court Costs?

Quote:
Originally Posted by Atibey View Post
Good question!

The answer is simple and the law is same everywhere. If you do not have any assets and money in your accounts, the bailiffs may visit you and seize your goods at home apart from some, which are necessary for you to leave. However, most lawyers would not take this route as the goods at home does not make money.

My strong recommendation to you is; if at any point you are visited by the bailiffs office, avoid signing the payment promise. Call a translator and learn what are you signing exactly. Do not sign any document where it says I shall pay ...... amount at ....... Resulting signing of such document and not paying on the promised date, shall take you to a jail for three months. However, if you do not sign such document, noting will happen unless, other party could find any assets registered over your name.
I'm UK based, so I don't think that Turkish Bailiffs will be calling round anytime soon.......?

Oh, don't worry, I doubt I'll ever sign any paperwork again in Turkey without a Notary advising me! Sorry, but inept advice from Turkish lawyers has cost me my life savings, my health & almost, my sanity!

If anybody that has been through this nightmare, has read this post but does not want to post openly about their experience, please pm me.
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Old 30th July 2012, 20:15   #6 (permalink)
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Wink Re: Court Costs?

I will tell you some good advice:

Get in touch with London Legal International Solicitors.
A Turkish Solicitors based in London UK and bound by UK Law.

The Turkish Law Firm in the UK | Contact Us | London Legal International



Quote:
Originally Posted by tintagel View Post
I need some advice about court case costs, I would really appreciate some help here please.

If, a person looses a court case that they started (yes, Tapu... again!) does anyone know how the costs to be awarded are worked out by the Judge - How long the loser has to pay the costs - If the costs can be paid by instalments - What action is taken by the authoritys if you don't/can't pay?

I know that tragically there are members who have already had to face this travesty , any info would help, thanks
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Old 30th July 2012, 20:24   #7 (permalink)
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Re: Court Costs?

Quote:
Originally Posted by Brians Villa View Post
I will tell you some good advice:

Get in touch with London Legal International Solicitors.
A Turkish Solicitors based in London UK and bound by UK Law.

The Turkish Law Firm in the UK | Contact Us | London Legal International
Thank you Brians Villa

I contacted this firm over 2 years ago, the fee's they wanted up-front were beyond my means..........

I have no more money for lawyers or in fact for anything! I just really want to know 'All' that could happen to me in Turkey when/if, my court appeal fails (as I'm sure it will), I'll be damned if I'm going to pay them to screw me over yet again................

Last edited by tintagel; 30th July 2012 at 21:21..
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Old 30th July 2012, 20:58   #8 (permalink)
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Re: Court Costs?

Personally, if I had lost everything I "owned" in Turkey and had taken the legal route to try to regain what I had lost and had even lost that, then I would put up two fingers (or if I were lazy then one finger) and tell them to "rotate". What else can you lose??
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Old 30th July 2012, 21:20   #9 (permalink)
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Re: Court Costs?

Quote:
Originally Posted by Harem View Post
Personally, if I had lost everything I "owned" in Turkey and had taken the legal route to try to regain what I had lost and had even lost that, then I would put up two fingers (or if I were lazy then one finger) and tell them to "rotate". What else can you lose??
My thoughts exactly Harem! But first, I need to know of any legal consequences such as: being refused entry or having my arse thrown in goal (without my meds!) I couldn't manage.........
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Old 30th July 2012, 21:54   #10 (permalink)
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Re: Court Costs?

Tintagel, I don't know your story but it sounds as if you have been robbed of everything, money, health and hope.
Personally the last thing I would worry about is being allowed entry, I would never want to set foot again in a country that had robbed me of everything and legally had failed me.
I really don't know what to say to you, but money aside I hope your health returns and you keep your sanity.
Good luck

Sue x
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