The question of how to file a lawsuit has become a frequently asked question by individuals whose rights have been violated or are at risk. In this article, we have attempted to answer the general questions you frequently ask and are curious about. You can submit any questions you do not find answered in this article via the form at the bottom of the page.
✧ Table of Contents
What's Covered in This Article?
- How to File a Lawsuit?
- When Can a Lawsuit Be Filed?
How to File a Lawsuit?
Submitting a claim to a court, unlike claims directed to other official authorities, is not simply done by preparing a petition. Filing a lawsuit entails both preparing a petition in the manner specified by law and undertaking a series of procedures following its submission to the court. For civil and administrative lawsuits, you must draft a proper petition and proceed to the court's distribution office (tevzi bürosu). After the distribution office, you must pay the necessary fees and expenses to the treasury office and the court's cashier. Once you resubmit the receipts to the distribution office, your lawsuit will be officially filed. To file a criminal complaint, you must draft a complaint petition and submit it to the public prosecutor's office.
When Can a Lawsuit Be Filed?
📎 Related: Visit our Corporate Law and Legal Consultancy page for detailed information.
📎 Related: Visit our Izmir Divorce Lawyer page for detailed information.
You can file a lawsuit when you are subjected to an unlawful act, your rights are infringed upon, or you believe a crime has been committed. However, to win the case, the conditions stipulated in the laws must be met. The date a lawsuit is filed is the date the petition is registered with the distribution office. This rule applies to both fee-based and non-fee-based lawsuits. If a lawsuit is filed in a court lacking jurisdiction or competence, the case continuing in the new court is not a second lawsuit but rather a continuation of the lawsuit initially filed.
What is the Statute of Limitations for Filing a Lawsuit?
The statute of limitations for filing a lawsuit varies for each type of case. While the general statute of limitations for civil lawsuits is 10 years, specific limitation periods are stipulated for many different types of cases.
How Many Days is the Statute of Limitations for Administrative Lawsuits?
Unless otherwise stipulated by law, the statute of limitations for filing administrative lawsuits in administrative courts and the Council of State is 60 days. In tax courts, this period is 30 days. The statute of limitations for administrative lawsuits begins on the day you receive the notification sent by the administration.
How Many Days is the Statute of Limitations for Filing a Lawsuit After Mediation?
In cases where mediation does not yield a result, a final report is prepared by the mediator regarding this situation. In labor lawsuits, if a plaintiff who has resorted to mediation wishes to file a re-employment lawsuit, they can do so two weeks after the date the final report is prepared. For other types of lawsuits, there is no such short period, and they can be filed within the general statute of limitations. In cases where mandatory mediation is required, if a lawsuit is filed without first applying to a mediator, the court grants the plaintiff a definitive period of one week to submit the final mediation report. If the mediation reports are not submitted to the court within this period, the lawsuit will be dismissed on procedural grounds.
Is it Possible to File a Lawsuit via E-Government?
Citizens can file lawsuits on the UYAP Citizen Portal platform. However, to do so, you must possess an e-signature. Citizens without an e-signature cannot file lawsuits online.
When Does the Court Hearing Take Place After a Lawsuit is Filed?
After a lawsuit is filed and the petition phase in the written procedure is completed, a hearing date is set according to the court's caseload. This process, including notifications and other procedural actions, takes approximately 4 months on average.
How to File a Lawsuit Without a Lawyer?
You do not necessarily need to work with a lawyer to file a lawsuit. However, a lawsuit filed without sufficient knowledge of the procedural and substantive matters of the case can put you in a disadvantageous position, even if you are in the right. Filing a lawsuit without a lawyer is akin to taking medication based on hearsay instead of consulting a doctor when ill. Just as a doctor is consulted for the diagnosis and treatment of an illness, consulting a lawyer for the identification and resolution of a dispute will be to your benefit.
How to File a Divorce Lawsuit?
You can file a divorce lawsuit jointly with your spouse or individually. To do this, you must first prepare a divorce petition. You can file the divorce lawsuit by submitting the petition to the family court with jurisdiction in your place of residence; if there is no family court, then to the civil court of first instance, and paying the court fee. In uncontested divorce cases, both parties must attend the hearing. Regarding divorce lawsuits,
How to File a Labor Compensation Lawsuit?
To file a labor compensation lawsuit, a petition must be submitted to the competent labor courts. The scope of a compensation lawsuit includes employee rights such as severance pay, notice pay, overtime wage claims, and annual leave pay claims. For an employee to receive compensation within the scope of a labor compensation lawsuit, the employment contract must have been terminated by the employee for just cause or by the employer without just cause. You can benefit from our compensation calculation service to calculate your receivables in a compensation lawsuit. Furthermore, to our expert labor law attorney,
How to File a Defamation Lawsuit?
The crime of defamation (iftira) is committed when an offender falsely attributes a specific and concrete crime to another person, knowing that person to be innocent. A person who has been defamed can file a lawsuit with judicial authorities within 6 months from the date they learn of the defamation. Mass communication tools have also benefited from developing technology, and written and verbal communication tools in electronic environments have become a part of our lives. Therefore, in addition to newspapers, television, and radio, other social media crimes and acts of defamation also constitute grounds for a lawsuit.
How Much Does it Cost to File a Lawsuit?
When filing a lawsuit, the necessary fees and expenses must be paid. If the expenses are paid insufficiently or new expenses arise during the lawsuit, the court grants the plaintiff a certain period. The plaintiff must pay the expenses within this period. The lawsuit filing fee varies according to the type of lawsuit and the year. The fixed fee for filing a lawsuit that does not involve a claim for receivables is approximately the minimum fee determined by the Minimum Attorneyship Wage Tariff (AAÜT). If there is a claim for receivables, an additional advance fee of 0.5% (five per mille) of the claim amount is collected.
How Much is the Lawyer's Fee?
While the lower limit of attorney fees is determined by the minimum fee schedule, there is no upper limit. Attorney fees are freely determined by agreement between the parties. Furthermore, the lawyer's experience and area of expertise also affect the attorney's fee.
Consulting an expert attorney in the field before filing a lawsuit will be to your benefit. Similar to the question of how to file a lawsuit,
Av. Mehmet Yücesoy
İzmir Attorney & Legal Consultancy
You can contact us to receive professional support for your legal processes and needs.
Contact Now