It is the situation where the debtor claims that there is no debtor, despite the execution proceeding, which is finalized due to the fact that the debtor does not object to the payment order or that his objection has been lifted by the enforcement court.
In this case, the debtor can file a negative declaratory action in order to determine that he does not have any debt, and can have an interim injunction order not to be paid to the creditor with this lawsuit.
However, if the debtor has not filed a negative declaratory action and has paid the debt, he has the right to file a lawsuit for the return of the money he has paid. Such a case is called a restitution case. At this point, it includes the request for the return of a money that is claimed to have been paid for no reason with the restitution lawsuit.
On the other hand, in order to open a restitution lawsuit, some conditions stipulated in the law must be met. These:
1- It is the case that the money requested to be returned by the lawsuit has been paid during the enforcement proceedings.
2- The debtor must have had to pay the money that he did not actually owe.
It should be noted that in this case, there is a 1-year period of disqualification. The period of disqualification is observed ex officio by the court. This period starts from the day the non-debt money is fully paid to the enforcement office. Therefore, the case must be filed within this period.
