What Is a Restitution Action in Turkey? The Difference From a Negative Declaratory Action

A restitution action is a case filed by a person compelled to pay under the threat of compulsory enforcement in a final enforcement proceeding, despite not actually owing the debt, seeking to recover the amount paid.

Requirements for a Restitution Action

Under Article 72/7 of Enforcement and Bankruptcy Law No. 2004 (İİK), for a restitution action to be filed, the debt subject to the enforcement proceedings must have actually been paid, and the person who made the payment must be able to prove they were not actually obliged to pay it. Payment may have been made directly to the creditor, to the enforcement office's cashier, or through attachment.

Difference From a Negative Declaratory Action

A negative declaratory action is one in which a person, before the debt has been paid, seeks a declaration that they do not owe it; a restitution action, by contrast, requires that the debt has actually been paid. For this reason, a negative declaratory action can be filed before payment, while a restitution action can only be filed after payment.

Other Key Differences

In a negative declaratory action, damages for bad-faith enforcement may be claimed if the proceedings were pursued in bad faith, whereas this compensation cannot be claimed in a restitution action. Because a restitution action seeks performance (a claim for the return of money), a judgment in the claimant's favour can be enforced even before it becomes final; in a negative declaratory action, by contrast, the judgment must become final before it can be enforced.

Filing Deadline

A restitution action is subject to a one-year preclusive period running from the date payment was made; this period begins from the date the debt was paid directly to the creditor, deposited with the enforcement office's cashier, or collected through attachment.

Burden of Proof

In a restitution action, the burden of proof lies with the claimant — the person who made the payment; the claimant must demonstrate with concrete evidence that the debt they paid did not actually exist, or was not one that could have been claimed from them.

Practical Recommendations

If you believe you do not owe a debt facing enforcement, consider filing a negative declaratory action before making payment where possible; if you have already made the payment, gather your evidence to file a restitution action before the one-year period expires.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.