Lawsuit for Compensation Due to Wrongful Injunctive Lien
Lawsuit for Compensation Due to Wrongful Injunctive LienLawsuit for Compensation Due to Wrongful Injunctive Lien
Lawsuit for Compensation Due to Wrongful Injunctive Lien
If the creditor unjustly places a provisional attachment on the debtor’s property and it is determined at the end of the lawsuit or proceeding that the provisional attachment is unjust, the debtor must file a compensatioawsuit for Compensation Due to Wrongful Injunctive Lien
Lawsuit for Compensation Due to Wrongful Injunctive Lien
If the creditor unjustly places a provisional attachment on the debtor’s property and it is determined at the end of the lawsuit or proceeding that the provisional attachment is unjust, the debtor must file a compensation case in a general court against the creditor to pay the damage suffered due to the unjust provisional attachment. 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 compensation case to be filed by the creditor against the debtor (is subject to a two-year and in any case ten-year statute of limitations) as in torts, since there is no regulation in the law. (See. TBKThe compensation case to be filed by the creditor against the debtor (is subject to a two-year and in any case ten-year statute of limitations) as in torts, since there is no regulation in the law. (See. TBKThe compensation case to be filed by the creditor against the debtor (is subject to a two-year and in any case ten-year statute of limitations) as in torts, since there is no regulation in the law. (See. TBK art.72) While the conditions of damage, causation, illegality and the execution of the interim lien decision are sought in this case, the creditor’s fault is not a requirement. In other words, the liability here is strict liability.
There is also a precautionary foreclosure state that presents features in the law:
In a lawsuit for annulment of a transaction: During a lawsuit for annulment of a transaction, the court hearing the case may, upon the request of the creditor, decide on the precautionary attachment of the property that is the subject of the transaction subject to annulment. (Art.281)