What If Your Unquantified Amount Of Monetary Claim Is In Fact Quantifiable?

General Overview

When the new Code of Civil Procedure (CCP) was enacted in 2011, it introduced a brand new case type to Turkish litigation where the claimant files the action for receivables for an unquantified amount and leaves the determination of the amount subject to dispute to the court. When filing the action, plaintiff shows the amount of the determinable receivables as the minimum amount subject to the dispute, pays the case fee over this amount and once the exact amount of receivables is determined by the court, extends its claim to the amount calculated by paying the missing amount of the court fees. This type of case has two main advantages when compared to the cases for partial amount of claims: i) period of limitation ceases running for the unquantified amount of receivables and the plaintiff can amend the amount of its claims without being subject to the prohibition thereof. The first and foremost condition the CCP sets forth for a case to be filed for