RESULTS OF THE NEGATIVE DETERMINATION PROCESS
Negative Decision Case Resulting in Favor of the Creditor
If the case results in favor of the creditor, i.e., if it is dismissed, the existence and validity of the legal relationship on which the claim in question is based is determined by a final judgment. If the case is filed before the lawsuit is filed, the creditor gains the opportunity to apply for enforcement proceedings with a court order.
If the case is dismissed, the provisional measure decision obtained by the debtor in exchange for collateral of not less than fifteen percent of the claim is lifted. According to the Court of Cassation, it is not necessary for the judgment to become final for this. Since the creditor received the claim late due to the negative determination case, the debtor is ordered to pay compensation at a rate of 20 percent of the amount in question against the debtor. In order to award this compensation, the debtor must have suspended the enforcement proceedings by obtaining a negative determination lawsuit and a provisional measure decision or prevented the payment of the money at the enforcement office to the creditor. If no provisional measure decision is taken, the creditor will not suffer any damage, and therefore, the debtor cannot be ordered to pay 20% compensation.
Conclusion of the Negative Decision Lawsuit in Favor of the Debtor
If the plaintiff wins the negative determination lawsuit filed by the debtor during or after the enforcement proceedings, i.e., if the court determines that the plaintiff does not owe the defendant any debt, the enforcement proceedings and any seizure proceedings that have been carried out become unlawful. The acceptance of the case results in a final judgment in favor of the debtor. This is because this case is decided according to general rules.
Therefore, the parties cannot file a new lawsuit on the same subject. Upon the judgment in favor of the debtor, the proceedings are immediately suspended. If it is decided that the plaintiff has no debt, the enforcement is completely returned; if it is decided that the debtor has a partial debt, it is partially returned. T final judgment is submitted to the enforcement office, the enforcement director automatically carries out the refund procedures. If the lawsuit is decided in favor of the debtor, the provisional measures are lifted.
The money in the enforcement office is given to the debtor. It does not need to be final for this. However, if the judgment becomes final, the debtor can recover the security deposit paid due to the provisional measures. Another consequence of the case being decided in favor of the debtor is that the creditor may be required to pay compensation. If the enforcement that forced the debtor to file a negative determination lawsuit is found to be unjust and malicious, a decision is made, at the creditor’s request, to collect the damages suffered by the debtor due to the lawsuit from the creditor. The damages to be assessed cannot be less than twenty percent of the claim subject to the enforcement proceedings found to be unjust. As understood from the article, such compensation cannot be awarded in favor of the debtor in negative determination lawsuits brought against enforcement proceedings.
Supreme Court of Appeals, 7th Civil Chamber, Case No. 2012/4217K, 2013/174, Date: January 17, 2013;
Article 67/2 of the Enforcement and Bankruptcy Law stipulates that compensation shall be awarded to the creditor if the enforcement proceedings are unjust and malicious. According to the aforementioned provision of the law, in order for compensation to be awarded in favor of the plaintiff, the enforcement proceedings initiated by the defendant/creditor must be both unjust and malicious. In the present case, it is understood that the defendant’s bad faith cannot be proven. Therefore, the defendant’s bad faith cannot be mentioned, and no compensation for bad faith can be awarded against him. The court’s disregard of this issue and awarding compensation for bad faith to the defendant is contrary to procedure and law and therefore requires reversal.