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Indefinite Receivable Lawsuit
The action for an indeterminate claim, regulated in Article 107 of the Code of Civil Procedure (CCP), is a type of lawsuit utilized when the amount of a claim cannot be precisely determined at the time of filing. It is particularly used in cases where the exact amount or value of the claim cannot be clearly established.
If, at the time the lawsuit is filed, the amount of the claim cannot be determined fully and precisely, the creditor can sue for only a specific portion of the right. In other words, they can file an action for an indeterminate claim. Once the amount of the claim becomes clear, the plaintiff can increase their demand to include the entire right in the lawsuit.
An action for an indeterminate claim can be filed in the following situations:
1. If the calculation of the claim amount cannot be expected from the plaintiff because the calculation requires expertise. Lawsuits for compensation arising from bodily harm and for the recovery of employee receivables can be given as examples.
2. If the amount of the claim will only be revealed through documents held by the opposing party. In commercial cases, the commercial books and records of the parties are an important means of proof. If the plaintiff relies on the opposing party's commercial books and records, an action for an indeterminate claim can be considered the right choice.
3. If the amount of the claim cannot be determined from the beginning of the lawsuit. In cases of defective goods, if the amount of the loss in value of the goods is not initially clear, an action for an indeterminate claim can be filed.
When the amount becomes clear during the trial through expert reports, evidence submitted to the file, or the statements of the opposing party, the plaintiff can increase their claim with a petition to increase the demand, without resorting to the formal amendment of the claim (ıslah).
By filing an action for an indeterminate claim, the statute of limitations is interrupted for all parts of the claim, including those not yet demanded.
This type of lawsuit is a protective measure that prevents the right holder from losing their right to sue and allows for the clarification of the claim amount during the legal process.
There are differences between an action for an indeterminate claim and a partial action. The differences between the two types of lawsuits arise in matters such as the determinability of the claim, the increase of the demand, and the statute of limitations.
While an action for an indeterminate claim can be filed for claims that are indeterminate at the beginning of the lawsuit, require expert calculation, or cannot be fully calculated initially, a partial action is used for claims that are known or determinable at the outset.
In an action for an indeterminate claim, the consent of the opposing party is not needed to increase the demand; when the amount becomes clear during the trial, the demand is increased with a petition, and the deficient court fees are completed. However, in a partial action, increasing the demand is possible only with the consent of the opposing party. In a partial action, the plaintiff can change their final claim by using their right to amend the claim (ıslah).
While the statute of limitations is interrupted for the entire claim upon filing an action for an indeterminate claim, in a partial action, the statute of limitations is interrupted only for the portion of the claim that is the subject of the lawsuit.
In an action for an indeterminate claim, once the amount of the claim is clarified, the entire claim can be made subject to the lawsuit simply with a petition to increase the demand. In a partial action, the plaintiff may have to file a new lawsuit (supplementary action) for the remaining part of the claim or resort to amending the claim (ıslah).
In an action for an indeterminate claim, the plaintiff is less likely to suffer a loss of rights due to incomplete information and documents at the beginning of the lawsuit. In a partial action, there is a risk regarding the statute of limitations for the part of the claim not included in the lawsuit.
If the amount of the claim is known when the lawsuit is filed, it is not possible to file an action for an indeterminate claim. The plaintiff may choose to file a partial action instead.
When filing an action for an indeterminate claim, it is mandatory to state in the statement of claim that it is an action for an indeterminate claim.
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