Negative determination case is a case in which the court determines that the person is not in debt. EBL art. 72.
In what cases?
- Enforcement proceedings have been initiated but there is no debt
- The bill is fake/changed on it
- The debt has been paid but no receipt has been received
- The bill has been renewed but the old follow-up continues
Process
- Civil court of first instance (general duty)
- Request preliminary injunction - pursuit stops
- Expert, witness, document review
- Decision
Precautionary Measure
The plaintiff deposits a collateral (usually 15% of the receivable amount) to stop the pursuit. Otherwise, the pursuit continues and the seizure is processed.
Winning the Case
- The pursuit is canceled
- The lien is removed
- The creditor pays 20% denial compensation
- The plaintiff may claim material and moral damages
Duration
- If the proceeding is opened before it is finalized: negative determination
- Money paid → sedition case (1 year)
Supreme Court 19. HD
19. HD adopts that it is essential to "prove that the debtor has no debt" in a negative determination case, but if the creditor bears the burden of "proving that he is a creditor", the case will be evaluated as a collection case instead of a negative determination.
Enforcement law attorney is recommended.