Partial Lawsuit and Uncertain Claim Lawsuit (HMK art.107-109)

In compensation and receivables cases, the way of filing a lawsuit significantly affects the outcome. HMK art. 107-109 regulates partial and indefinite receivable cases.

Partial Lawsuit (HMK art. 109)

• A certain part of the receivable is claimed
• It can be increased later with an additional case
• Interest accrues from the date of filing of the partial case
• Trial fee is low is paid

Uncertain Receivable Case (HMK Art. 107)

• If the amount of the receivable is undetermined from the beginning
• "Minimum amount" is specified
• The exact amount is determined by the expert during the trial
• Interest is applied to the entire amount from the date of the case

Which is Preferred Should it be?

• If the amount of the receivable is known for sure: Full lawsuit (most advantageous for the beginning of interest)
• If the amount of the receivable is controversial/uncertain: Uncertain receivable (interest applies to the entire amount)
• If saving on the trial fee is desired: Partial lawsuit (but there is a loss of interest)

Supreme Court HGK Decision 2018/9-1

HGK emphasizes that it is possible to claim labor law receivables through an indefinite receivable lawsuit, but that a partial lawsuit is more appropriate for receivables that are recorded by the employer. compensation

Partial lawsuit:Commercial receivables, consumer receivables

Determine the type of case with your lawyer.