Lawsuit for Compensation Due to Wrongful Injunction Foreclosure
LAWSUIT FOR COMPENSATION DUE TO WRONGFUL INJUNCTION FORECLOSURE
If the creditor imposes an unjustified precautionary lien on the debtor’s goods and it is determined at the end of the lawsuit or follow-up that the precautionary seizure is unjustified, the debtor must file a compensation claim against the creditor in the general court to pay for the damage suffered due to the unjustified precautionary lien. The compensation case is even seen in the court that imposes a precautionary seizure. (m.259/4)
The damage suffered by the debtor who won this compensation case is paid from the collateral that the creditor had to deposit when making the precautionary foreclosure decision, and if the collateral is insufficient, from the money obtained at the end of the foreclosure and sale of the creditor’s other goods.
The claim for compensation to be filed by the creditor against the debtor (since there is no regulation in the law) is subject to a two-year and probably ten-year statute of limitations, as in torts. (seeTBK m.72) While the conditions of the execution of the damage, illegality, illegality and precautionary foreclosure decision are being sought in this case, it is not necessary that the creditor is defective. So the responsibility here is perfect responsibility.
There is also a precautionary foreclosure state that presents features in the law:
In the case of cancellation of savings: During the cancellation of savings case, the court hearing the case may, at the request of the creditor, decide on the precautionary seizure of the property that is the subject of the savings subject to cancellation. (m.281)