The subject of the negative declaratory action in terms of enforcement law is the determination that there is no right or legal relationship, but only the absence of a monetary debt. The court in charge of the negative clearance case is the civil court of first instance / the commercial court of first instance. The debtor may file a negative declaratory action to prove that there is no debtor before or during the enforcement proceedings.
Who can file a negative clearance lawsuit and when?
Negative declaratory actions can be filed by persons who are requested to accept the existence of this debt and collect it, alleging that they have debts, even if no follow-up is made. In this respect, the person alleged to be indebted can file a negative declaratory action before or after the prosecution is initiated.
