What is an Unspecified Debt Collection Case?

What is an Unspecified Debt Collection Case? | Lawyer in Izmir

An uncertain claim lawsuit is a type of lawsuit filed for a minimum amount or value when it is impossible to determine the exact amount or value of the claim at the time the lawsuit is filed. The uncertain claim lawsuit came into effect on October 1, 2011, and is regulated as a type of lawsuit in Article 107 of the Code of Civil Procedure.

The most important effective protection offered by uncertain claim lawsuits is that they serve procedural economy and the freedom to seek justice. However, they also aim to reduce the risk of the plaintiff incurring high litigation costs and the statute of limitations expiring. It is not possible to make a definitive classification as to when a claim is uncertain and when it is certain or ascertainable; the outcome must be determined according to the specific characteristics of each case and claim.

Law No. 6100 According to article 107,

1. If the creditor cannot be expected to determine the amount or value of the claim precisely and definitively at the time the lawsuit is filed, or if this is impossible, the creditor may file an uncertain claim lawsuit by specifying the legal relationship and a minimum amount or value.
2. The plaintiff may increase the claim stated at the beginning of the lawsuit without being subject to the prohibition against expanding the claim, when it becomes possible to determine the amount or value of the debt precisely and accurately as a result of information provided by the opposing party or an investigation.
3. Furthermore, in cases where a partial performance lawsuit can be filed, a declaratory judgment lawsuit can also be filed, and in this case, the existence of a legal interest is accepted.”

Conditions for Filing an Unspecified Claim Lawsuit:

1. It is Impossible or Unexpected for the Claimant to Determine the Amount of the Claim:
   1. It is impossible to determine the outcome of the demand.
   2. The Plaintiff Cannot Be Expected to Determine the Outcome of the Claim
2. Stating the Provisional Request Outcome in the Lawsuit Petition
3. Definitive Determination of the Request Result

Unspecified Debt Case AçWhat are the advantages of this?

• The primary purpose of filing a lawsuit for an uncertain claim may be to avoid paying high litigation costs. Initially, court fees calculated based on the exact amount of the claim would be a burden on the plaintiff. Once the uncertain claim becomes ascertainable, the missing fees are paid in full.
• Another advantage of filing an uncertain claim is that it eliminates the risk of making incorrect, incomplete, or excessive claims. In types of claims not filed as uncertain, if the amount awarded exceeds the amount requested in the lawsuit, the plaintiff may have to pay legal fees to the opposing party. The party filing an uncertain claim can increase the amount requested without the defendant's consent.
• Another advantage is that these types of lawsuits will interrupt the statute of limitations, thus preventing losses due to the statute of limitations on receivables.
• In a lawsuit concerning an uncertain claim, it is possible to increase the amount of the claim or to amend it. If, as a result of information provided by the opposing party or an investigation, the amount of the claim can be determined precisely and definitively, the plaintiff may increase the claim stated at the beginning of the lawsuit without being subject to the prohibition against expanding the claim.

In its decision numbered 2016/26476E, 2020/7547 K and dated 14.09.3939, the 9th Civil Chamber of the Court of Cassation; Firstly, it defined the uncertain claim lawsuit and highlighted the basic criteria required for filing such a lawsuit. Accordingly;

1. The amount or value of the claim in dispute must not be able to be determined fully and precisely as of the date the lawsuit is filed.
2. This determination must be based on objective impossibility. In other words, it must be impossible for the plaintiff to determine the amount or value despite exercising due care and diligence. Examples include situations where the documents required to determine the value of the claim are unavailable at the time the lawsuit is filed, or where these documents are in the possession of the opposing party.
3. The existence of a dispute between the parties regarding the amount owed does not mean that the plaintiff cannot be expected to determine the outcome of the claim.
4. In labor law litigation in particular, whether the claim is uncertain or not must be evaluated separately for each claim. In the same lawsuit petition, it is possible to file an uncertain claim lawsuit for some claims and a partial claim lawsuit for others, by combining multiple claims.
5. As a rule, severance pay, notice pay, wage arrears, and annual leave pay cannot be the subject of an uncertain claim lawsuit because their amounts can be known by the employee. However, if the amounts of social benefits, such as meal and transportation allowances, which are elements of the calculation, depend on the employer's records or can be determined through litigation, then severance and notice pay can also be the subject of an uncertain claim lawsuit. In other words, as stated above, each lawsuit and claim must be evaluated separately.

The Supreme Court has also stated that if the claim is certain or ascertainable, it is not possible to benefit from the opportunities provided by filing an uncertain claim lawsuit. Based on this acceptance, it has been concluded that if the amount or value of the claim is ascertainable at the time the lawsuit is filed, the lawsuit should be dismissed on procedural grounds due to the lack of a prerequisite for filing a lawsuit.

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