19 Feb WHAT IS TROVER CASE
Despite the enforcement proceedings, which were finalized due to the fact that the debtor did not object to the payment order or objected to it and his appeal was dismissed by the executive court, the debtor claims that he is not the debtor.
In this case, the debtor may file a negative determination lawsuit to determine that he does not owe money and may obtain an injunction not to pay the money invested in this case to the creditor.
However, if the debtor has not filed a case for detecting a vice and has paid the debt, he has the right to file a lawsuit in order to return the money he has paid to him. In this way, a case is called an trover case. At this point, it includes a request for the return of money that was allegedly paid for no reason by the trover case.
On the other hand, in order to file an trover lawsuit, certain conditions stipulated by the law must be established. These:
1- The money requested to be returned by the lawsuit must have been paid during the enforcement proceedings.
2- The borrower must have been forced to pay the money that he is not essentially owed.
It should be noted that in this case there is a 1-year period of entitlement reduction. The period of the right reduction is observed by the court re’ sen. This period begins from the day when the money that is not owed is fully paid to the bailiff’s office. Therefore, the case should be filed within this period.
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