Negative Declaratory Action (Menfi Tespit Davası): When You...

The Nightmare Scenario

You received a Payment Order, forgot about it, or were away, and the 7-day objection period passed.

• The proceeding is final.
• Foreclosure has started.
• Is it game over? No.

You still have one powerful legal weapon: The Negative Declaratory Action (Menfi Tespit Davası).

What is Negative Declaratory Action?

It is a lawsuit filed in the Civil Courts to obtain a judgment stating: “The Plaintiff owes NO debt to the Defendant.”

Unlike a simple objection, this is a full-blown court case requiring evidence, witnesses, and expert review.

Can I Stop the Execution/Foreclosure?

Filing this lawsuit does NOT automatically stop the execution proceeding. The creditor can still seize your car or salary while the case continues.

To Stop Execution (Stay Order):

1. Request Injunction: You must ask the court for a preliminary injunction (İhtiyati Tedbir).
2. Deposit Security: The court will grant this ONLY if you deposit 15% of the debt amount as security (teminat) to the court cashier.
3. Result: The execution stops. The creditor cannot touch your assets until the case ends.

Timing of the Lawsuit

1. Before Paying (Menfi Tespit)

If you haven’t paid the debt yet (or the money hasn’t been seized from your account), the case is for “Determining Non-Indebtedness.”

• Goal: Cancel the proceeding and avoid paying.

2. After Paying (Istirdat Davası)

If the money was already seized or you paid under threat of foreclosure:

• The case transforms into a Restitution Action (İstirdat Davası).
• Goal: “I paid this money unjustly, give it back.”
• Statute of Limitation: You must file this within 1 Year of payment.

Burden of Proof

In execution without judgment (ilamsız takip), the burden of proof usually lies with the Creditor.Even though you missed the deadline, the Creditor must still prove to the judge that the debt actually exists (with invoices, contracts, etc.).

Risks and Costs

• Court Fees: Proportional to the debt amount (expensive).
• Compensation: If you lose, you may pay “Unfair Denial Compensation” to the creditor (20%).
• Reward: If you win, the creditor pays YOU 20% “Bad Faith Compensation” if they pursued a fake debt maliciously.

Legal Support: This is a complex high-stakes lawsuit. We handle Negative Declaratory Actions to save clients from unjust debts when deadlines are missed. Contact us.

Professional Legal Support

Contact us for professional legal assistance on this matter.

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

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