davemaden

Member
if an owner wont pay their fees ?
we are on a site of 14 and we have one owner (turkish) who is refusing to pay their fees , all other owners are english and have payed . the turkish person owns 6 of the properties but only wants to pay for 3 as they are all empty . we employed a solicitor and got a translation of the condominium law . we are going to get the solicitor to to send a letter and if need be take court action , what i need to know is , what costs we are likely to incur ? is it possible that it could end up costing us more in court costs and solicitors fees than the amount we are persuing , or will the turkish person have to pay all the costs ? thanks
 
if an owner wont pay their fees ?
I am lead to belive that if he is in default then court cost and fees are add also intrest is charged.
You need to check with the lawer but this was the case on our sitesi.
 

celtic

Member
if an owner wont pay their fees ?
Your lawyer will probably not file a case, but start the execution process directly.

The fee(which is charged by the state) of execution process is 5 per thousand of the total value of the claim. This shall be payed by the demander in advance and imposed on the residual debt of debtor at the end of the process(provided that the process ends in demander's favour). In conclusion, all fees and taxes shall be paid back by the debtor as long as the creditor wins the action(or execution process).

Note: You'll also have to pay an attorney fee(which is 10% of the total claim unless the contrary was agreed on) but this can't be shifted to the residual debt of the debtor.
 

davemaden

Member
if an owner wont pay their fees ?
the person who owes , only owes 800 ytl , so would it cost us less than 5ytl for the execution process + 80ytl attorney fees ? also how do we stop this happening again next year ? as its just causing inconveiniance and frustration for all the other owners. thanks
 

celtic

Member
if an owner wont pay their fees ?
5 Per thousand ratio isn't used at low amounts such as 800 liras in your issue.

The execution fee can't be less than 60-70 liras even if the claim is that low.

You can prevent such things to happen next year as hiring a lawyer to deal with the property owners as of the beginning of the season.
 

davemaden

Member
if an owner wont pay their fees ?
we hired a lawyer who was at the agm at the beginning of the season and this person said they would pay the fees but now is refusing to pay . this is why i need to know if its going to keep costing the other owners every time we need to get a lawyer to demand this persons fees . thanks for your reply
 

celtic

Member
if an owner wont pay their fees ?
we hired a lawyer who was at the agm at the beginning of the season and this person said they would pay the fees but now is refusing to pay . this is why i need to know if its going to keep costing the other owners every time we need to get a lawyer to demand this persons fees . thanks for your reply

There's unfortunately no shorter and more practical way than starting an execution process against the defaulter debtors. You'll, consequently, need to pay this fee in every time you recourse to law.

You're welcome.
 

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