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Preliminary examination is made after the mutual submission of the petitions. The court, first of all, about the circumstances of the case and preliminary objections makes a decision on file; If necessary, before making a decision, it can hear the parties on this matter at the preliminary examination hearing. In the preliminary examination hearing, the judge hears the parties if he deems it necessary to decide on the terms of the case and preliminary objections.
Then, within the framework of the claims and defenses of the parties, it determines the issues that they agree and disagree with.
How is the case opened?
The case is opened with a petition to the authorized and authorized court. Advance fees and expenses required for the trial must be paid to the court cashier in advance in accordance with the provisions of the Code of Civil Procedure. After these procedures, your petition will be recorded on court basis and your case will be deemed opened.
Is it that easy to sue?
Although the opening of the case is possible with a petition, it should not be forgotten that many issues such as the content of the petition, the follow-up of the case, the presentation of the evidence and the grounds, objections, appeal, etc. are awaiting the plaintiff during the trial process. For this reason, the applicant must first have sufficient knowledge on these issues. Otherwise, the plaintiff, who thinks he is right in general, may lose his case because he cannot comply with the rules of procedure and principles, or even have to pay the other party financially.
Is it paid to file a lawsuit?
When filing a lawsuit, you must pay a legal fee and an advance payment of expenses. If this is not deposited, your case may be rejected.
Where should I open the case?
First of all, you have to determine the court responsible for your dispute, then the competent court.
Do I have to hire a lawyer?
You do not have to hire a lawyer. However, it should be remembered that it is not possible to follow a case without knowing the rules of procedure and fundamental rules and without legal knowledge.
To the authorized channels created in order to resolve the transactions regarding the insolvency of any legal problem; It consists of courts regulated by law. The proceedings carried out at the court are continued under the name of lawsuit. The question of how to open a lawsuit or what are the ways to be followed during the litigation process confuses many people in need. The filing time of the lawsuit is very important in order not to expire the transaction or to drop the case during the trial.
The documents required to file a lawsuit can initially be presented as the victim's petition. It is seen as a cause of lawsuit that a transaction has caused damage to at least one person during or after the transaction. But here, even if the distinction is intentional or involuntary, the elimination of unjust treatment is essential.
The documents required to file a lawsuit are the identity of the country of citizenship and a document proving that he is himself. On the basis of the identity information, a lawsuit petition with information on the subject is created. The case petition is submitted to the prosecutor's office for investigation and the court file is opened here. The case file is prepared with the necessary documents in line with the requests and demands of the authorized institutions and persons, and is prepared until the day of the court.
Court Decision Finalized. What will happen now?
The party who loses the court can automatically execute the order ordered by the court and also pay you court costs. If he does not do this, you must apply to the enforcement office and ensure that the decision is fulfilled through the enforcement channel. Please contact us for information about the enforcement process.
What Happens If The Opponent Is Not Found?
The right to defense is a constitutional right. The court does not automatically make a decision about anyone. He sends an invitation to inform him that a lawsuit has been filed against him, asks what he will say about the case, and takes into account his defense while making his decision. However, people's disappearance and escape from lawsuits would also violate the rights of others. For this reason, in order to prevent the abuse of this right, the opportunity to notify the address in official records was also provided.
What happens if a notification is made to my old address?
It is your responsibility to report your new address. If a person whose address or address has been notified in accordance with the procedures prescribed by law, if he changes his address, he is obliged to notify the new judicial authority immediately. In this case, subsequent notifications are made to the new address. If the person who changes his address does not notify the new one and his residential address cannot be determined in the address registration system, a copy of the document to be notified is hung on the door of the building belonging to the old address and the date of posting is deemed to be the notification date. After that, notices sent to the old address are deemed to have been made to the addressee.
Who Can I Get Help When Filing a Lawsuit?
It is best to seek the help of a lawyer to file a lawsuit. If you believe you have sufficient knowledge in this area, you can file a lawsuit yourself. Do not seek the help of these people, as acting with the help of unlawful persons may have serious consequences against you. Do not forget that acting under the direction of the so-called voluntary people may result in loss of rights.
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