16 Jan Replevin
Despite the enforcement proceedings, which were finalized due to the fact that the debtor did not object to the payment order or that his appeal was removed by the executive Court, the debtor claims that the debtor does not exist.
In this case, the debtor can file a claim for negative detection to determine that he does not owe, and he can obtain an injunction to prevent the money he has invested in this case from being paid to the creditor.
However, if the debtor has not filed a claim for negative detection and has paid the debt, he has the right to sue for the return of the money he has paid to him. In this way, a case is called an invasion case. At this point, it includes a request for the return of money that was allegedly paid for without cause by a civil lawsuit.
On the other hand, some conditions stipulated in the law must be formed in order to file a claim for restitution. These:
1-it is the case that the money requested to be returned by the lawsuit is paid during the execution follow-up.
2-the borrower must have had to pay the money that he is essentially not owed.
It should be noted that in this case, there is a 1-year reduction period. The period of lowering the rights is observed by the court. This period begins from the day when the non-debt money is fully paid to the Enforcement Agency. Therefore, the case must be filed within this period.
No Comments