Under the rules of evidence in our legal system, in order for the debtor’s claim that they are not liable for a check or promissory note to be accepted, the burden of proof in this regard must first be met. In a negative determination lawsuit filed on the grounds that the check or promissory note is worthless, the burden of proof falls on the plaintiff debtor.
As an exception, separate regulations are envisaged for receivables acquired by factoring companies. Accordingly, even if the receivable acquired by the factoring company originates from a promissory note, it must be substantiated with invoices or similar documents relating to the underlying relationship giving rise to the receivable.
Consequently, in order to prevent victimization, it is important to prepare a written document indicating the legal relationship on which the notification of checks and promissory notes is based. In this case, the burden of proof regarding the basis of the promissory notes in question will have been fulfilled. After this stage, if the non-performance of the contract is proven or the payment of the promissory note amount is proven with a written document, the claim of non-payment will be legally protected in a negative determination lawsuit. If the receivable subject to the negative determination lawsuit is paid, the claim will turn into a claim for refund.