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Old 19th May 2013, 12:42   #1 (permalink)
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Talking Claim Court Fee's Back!

If, like me, you have had to open a court case & pay 'Court Fee's' in Turkey, when your case is finished you Can & should, get your money back!

The Court Fee's are legally your money, whether you win or lose your case!

You (probably) won't be told this & will have to 'Ask' your lawyer to return them to you.

If, you have a Turkish bank account &/or still visit Turkey; you should arrange for the transfer into your Turkish bank account or, collect them in person.

Don't let the lawyer insist on doing an international transfer! It doesn't cost them anything, but with the exchange rate fluctuations & bearing all the costs of the transfer you will loose a substantial amount, they don't look for the cheapest method to do transfers for you!

Interestingly; Turks seem to be able to claim 'compensation' for being taken to court but - apparently - when a foreigner successfully defends a spurious court action against them which involves high costs for legal bods flights etc, etc, the foreigner can't claim any compensation????
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Old 19th May 2013, 13:23   #2 (permalink)
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Re: Claim Court Fee's Back!

Yes, I was surprised that our compensation claim was rejected but the defendant was ordered to pay us our court costs and paid in cash so we didn't need to ask for them since we won our case. However, even including translations, witnesses, court experts over 3 years, it wasn't anywhere near half the amount that we paid for lawyer's fees, which I would have expected the defendant would have paid since he lost, but apparently it doesn't work that way in Turkey.
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Old 19th May 2013, 13:39   #3 (permalink)
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Re: Claim Court Fee's Back!

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Originally Posted by Kingfisher View Post
Yes, I was surprised that our compensation claim was rejected but the defendant was ordered to pay us our court costs and paid in cash so we didn't need to ask for them since we won our case. However, even including translations, witnesses, court experts over 3 years, it wasn't anywhere near half the amount that we paid for lawyer's fees, which I would have expected the defendant would have paid since he lost, but apparently it doesn't work that way in Turkey.
It's not the defendant that pays you your 'court fee's' back Kingfisher, it's the court returning the money you had to pay up-front to 'action' the case.

If your 'Compensation' claim was 'rejected', how can you have won the case???
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Old 19th May 2013, 14:06   #4 (permalink)
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Re: Claim Court Fee's Back!

We claimed for our money back plus moral compensation. The claim was upheld and the judge ordered the defendant to pay the money owed plus 9% yearly accrued interest plus the 6830 TL in court costs but rejected our claim for moral compensation.

We paid the money as provision for court fees upfront to our lawyer who paid to the court and gave us a running report on what it was used for (translation fees, court experts for the expertise done on the house, daily rate of 18TL paid to witnesses to compensate their day in court, injunction to freeze the sale of the house at the start of the case etc.)
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Old 19th May 2013, 14:18   #5 (permalink)
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Re: Claim Court Fee's Back!

Quote:
Originally Posted by Kingfisher View Post
We claimed for our money back plus moral compensation. The claim was upheld and the judge ordered the defendant to pay the money owed plus 9% yearly accrued interest plus the 6830 TL in court costs but rejected our claim for moral compensation.

We paid the money as provision for court fees upfront to our lawyer who paid to the court and gave us a running report on what it was used for (translation fees, court experts for the expertise done on the house, daily rate of 18TL paid to witnesses to compensate their day in court, injunction to freeze the sale of the house at the start of the case etc.)
Thanks for the clarification Kingfisher

Glad to hear that you got your money back + interest

The Fee you have to pay to the court to open a case (application fee) is: Fully refunded by the court to (in the first instant) your lawyer. This is separate to any other fee's.

Were these other 'Fee's' (translators etc) not included in the Fee you paid your lawyer to represent you - upfront?

Were you given a copy of the Judges decision?
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Old 19th May 2013, 14:34   #6 (permalink)
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Re: Claim Court Fee's Back!

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Originally Posted by tintagel View Post
Thanks for the clarification Kingfisher

Glad to hear that you got your money back + interest

The Fee you have to pay to the court to open a case (application fee) is: Fully refunded by the court to (in the first instant) your lawyer. This is separate to any other fee's.

Were these other 'Fee's' (translators etc) not included in the Fee you paid your lawyer to represent you - upfront?

Were you given a copy of the Judges decision?
It seems we were very lucky to get the money back. The judge gave him 30 days to pay and on the 30th he tried to negotiate the sum with us but we were not having it. The judge was ready to sign the court order to send the bailiffs in at 5pm and he handed over the money at 5 to 5. Seems that he knew the judge wasn't joking.

I don't remember paying any separate application fees for opening the case. We paid 2 separate sums upfront to the lawyer - one in TL as provision for court fees, one in EUR for part of his fees including an initial provision on travelling expenses (we chose to take a lawyer from Ankara, but that is 330km away) and we made an agreement for taksit payments. I'll have to dig the dossier out and see if there was any specific fee for application fees but as I say, I have no recollection of it and we are lucky enough to be able to put that behind us now. But thank you for the tip, Tintagel, and I hope you end up getting your dues, too.
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Old 19th May 2013, 15:02   #7 (permalink)
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Re: Claim Court Fee's Back!

I wonder if any of you know of a little known fact, you open a court case in turkey you have to pay money up front as some kind of court guarantee right?? well hears the fact going back to 1932 Turkey and Britain have an agreement that British citizens don't have to pay this money. So if any of you have, then have a word with yr lawyer and he needs to pull his finger out and get that money back for you. Its in Turkish law books so yr lawyer needs to look it up. Hope this helps some of you.
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Old 19th May 2013, 16:02   #8 (permalink)
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Re: Claim Court Fee's Back!

That would explain why we didn't pay any court guarantee. Thank you for the information.
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Old 19th May 2013, 16:10   #9 (permalink)
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Re: Claim Court Fee's Back!

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That would explain why we didn't pay any court guarantee. Thank you for the information.
Well if your court or lawyer knew this then they are well up on things... and honest. Most either dont know or wouldnt say if they did.
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Old 19th May 2013, 16:21   #10 (permalink)
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Re: Claim Court Fee's Back!

Maybe it was worth paying for a lawyer from Ankara after all.
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