Pursuant to the rules of proof in our law, in order for the claim that there is no debtor due to the cheque or promissory note to be acceptable, the burden of proof on this issue must first be fulfilled. The burden of proof in a negative declaration lawsuit filed by claiming that the cheque or promissory note is worthless falls on the plaintiff debtor.
As an exceptional case, a separate regulation has been stipulated for the receivables taken over by factoring companies. Accordingly, even if the receivable taken over by the factoring company arises from a bill of exchange, it must be certified by the invoice or similar documents belonging to the underlying relationship that gave rise to the receivable.
As a result, in order to prevent grievances, it is important to issue a written document stating the legal relationship on which these documents are based when delivering cheques and bills of exchange. In this case, the burden of proof regarding the basis of the promissory notes in question will be met. After this stage, if the proof that the contract has not been fulfilled or the payment of the promissory note price is proved with a written document, the claim of non-payment will be legally protected in the negative assessment action. In the event that the receivable that constitutes the subject of the negative determination lawsuit is paid, the claim will turn into the recovery of the price.
You can access our other article examples and petition examples by clicking here.