In life, you may occasionally encounter a debt claim you don't actually owe. In such cases, one of the most effective ways to protect yourself is through a negative declaratory action, which can legally establish that you are not indebted. This remedy, which individuals subjected to unfair enforcement proceedings can pursue before they experience hardship or make payments, is regulated under Article 72 of the Enforcement and Bankruptcy Law and Article 106 of the Code of Civil Procedure.
Definition and Purpose of Negative Determination Action
A negative declaratory action is a lawsuit filed by an individual or institution to have a court determine that a debt asserted against them does not legally exist. This action protects individuals, particularly those who believe they are not the debtor, from enforcement proceedings.
If, at the end of the case, the court determines that there is no actual debt, the decision is a final judgment, meaning that no further legal action can be taken for the same debt.
When Can a Negative Declaration Suit Be Filed?
A negative declaratory action can be filed at two different times:
Before Enforcement Proceedings:
You may want to have your debt established before the creditor even begins legal proceedings. However, this lawsuit alone will not prevent legal proceedings. To stop the legal proceedings, you must request a preliminary injunction from the court.
After Enforcement Proceedings:
If enforcement proceedings have been initiated against you and you believe you are not in debt, you can file a negative declaratory action. In this case, you must have a legal interest to file the lawsuit.
Which Court Has Jurisdiction?
The court with jurisdiction in a negative declaratory action is the civil court of first instance. The court of jurisdiction is generally the court of the creditor's place of residence. However, if a lawsuit is filed after enforcement proceedings have been initiated, the court of the place where the enforcement proceedings were conducted also has jurisdiction.
What will be the consequences of the case?
If the Case is Resolved in Favor of the Debtor:
Mahkeme, borcun mevcut olmadığına karar verirse icra takibi derhal durdurulur. Eğer haciz işlemleri yapılmışsa, bu işlemler ortadan kalkar. Ayrıca alacaklının haksız ve kötü niyetli hareket ettiğinin ispatlanması durumunda, borçlu lehine alacağın %20’sinden az olmamak kaydıyla tazminat kararı da verilebilir.
If the Case is Resolved in Favor of the Creditor:
If the court determines that a debt exists, the debtor must pay. Furthermore, if an injunction is issued and the creditor is late in receiving the debt, the debtor may be required to pay compensation.
What Happens After Payment Is Made? – Restitution Case
If you made a payment even though you weren't in debt and weren't able to file a negative declaratory action, you can file a lawsuit for recovery to recover the money you paid. The lawsuit for recovery is also heard in the civil court of first instance.
However, in order for you to file this lawsuit:
You are not really in debt,
You paid the money under threat of force (threat of execution),
The payment was made within the scope of enforcement proceedings and
You must file a lawsuit within one year of payment.
If the time limit is exceeded, you can only claim through an unjust enrichment lawsuit, which is both more difficult and limited in terms of amount.
Conclusion: Don't Remain Silent When Faced with Unfair Debt
If you're facing enforcement proceedings or are being asked to make payments even though there's no outstanding debt, it's crucial to seek professional help as soon as possible. Otherwise, you could find yourself unfairly in debt and face significant difficulties in recovering your money.
As İyiol Law FirmOur experienced team is at your side in filing negative declaratory and recovery lawsuits against unfair enforcement proceedings and debt claims. Let's defend your rights together.
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