Negative Declaratory Action: Proof of Non-Indebtedness

If you missed objecting to execution proceedings within 7 days or if a promissory note you do not possess (fake signature, etc.) has been put into execution, you must prove with a court decision that you are not in debt. This lawsuit is called a “Negative Declaratory Action”.

1. Stopping the Proceedings (Injunction)

Filing a negative declaratory action alone does not stop execution. The creditor can continue foreclosure.

• To stop foreclosure, you must deposit security amounting to 115% of the debt to the court and obtain a “Preliminary Injunction” decision.
• (It used to be 15%, then it started to be applied as 100% debt + 15% expenses).

2. Types of Lawsuits

• Before Execution: Filed claiming “They are threatening me, they will put a promissory note I don’t have into execution.”
• After Execution: Filed after the execution order is received.

3. Action for Recovery (İstirdat)

If your assets are seized and sold while the lawsuit is ongoing, or if you pay the money to the execution file out of fear; the lawsuit turns from “Negative Declaratory” to “Recovery” (İstirdat) action. If you win, you get the money back from the state.

Frequently Asked Questions

Q: What if I don’t have the money to deposit security? A: Unfortunately, according to Article 72 of the EBL, there is no other way to stop the proceedings (except for a forgery lawsuit; if there is forgery, the Criminal Court can stop the proceedings).

Legal Support: You can contact us for the cancellation of unjust debts and security processes.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.