Unfair seizure, initiating proceedings for a debt that has no receivables or is time-barred; or the execution of a lien on the wrong property/account during the pursuit.
Legal Basis
- EBL art.78: In unfair pursuit, the creditor pays 20% denial compensation to the debtor
- TBK art.49: Tort liability
- TMK art.2: Abuse of right prohibition
Types of Unfair Seizures
- Proceeding against a person who does not owe a debt
- Proceeding for a debt that has expired
- Seizure of the wrong person's property (third party seizure)
- Excessively consistent sequestration (disproportionate)
Liability of the Creditor
The creditor is negligent or bad faith in the pursuit If so, he/she is liable for material and moral damages. Debtor:
- Difficulty in payment due to bank account seizure
- Loss of reputation
- Loss of job
- Stress, health effects
Supreme Court 8. HD
8. HD adopts that in wrongful foreclosure cases, it is sufficient to prove that the creditor "did not exercise reasonable care" and that intent is not required.
Process
- Detection of damage caused by prosecution
- Suit for compensation in the civil court of first instance
- Expert report (damage amount)
- Decision
Prescription
Tort statute of limitations: 2 years/10 years (TBK art. 72).
Enforcement and compensation lawyer recommended.