Restitution Action
This is the situation where the debtor does not object to the payment order or the debtor claims that he/she does not owe any debt despite the finalized enforcement proceedings due to the removal of the objection by the enforcement court.
In this case, the debtor may file a negative declaration lawsuit in order to determine that he/she does not owe any debt, and with this lawsuit, he/she may obtain a precautionary injunction not to pay the money he/she deposited to the creditor.
However, if the debtor has not filed a negative declaration lawsuit and has paid the debt, he/she has the right to file a lawsuit for the return of the money he/she has paid. Such a lawsuit is called a reclamation lawsuit. At this point, the claim for restitution includes the request for the return of a money that is claimed to have been paid without any reason.
On the other hand, in order to file an action for recovery, certain conditions stipulated in the law must be met. These are
1- The money requested to be returned with the lawsuit must have been paid during the enforcement proceedings.
2- The debtor must have been obliged to pay money that he does not actually owe.
It should be noted that there is a 1-year prescription period in this case. The prescription period is observed ex officio by the court. This period starts from the day the money that is not a debt is paid in full to the enforcement office. Therefore, the lawsuit must be filed within this period.