The court in charge of the restitution case is the Civil Courts of First Instance. The competent court is the court of the defendant’s place of residence or the court of the place where the enforcement proceedings are carried out.
If the case is won by the plaintiff in the restitution lawsuit, the right to receive not only the money paid to the creditor with the enforcement proceedings, but also the enforcement fees and expenses that he had to pay, from the defendant creditor.
It should be noted that if the payment is made without realizing that the debt has expired, a restitution lawsuit cannot be filed for the return of the money paid by the debtor.
On the other hand, if the plaintiff loses the case, the defendant will have to pay the court costs related to the case to the creditor.
In the cases explained, it is not possible for the losing party to be sentenced to pay 40% compensation.
