A person against whom enforcement proceedings have been initiated for money they do not owe, or who expects to face such proceedings, may file a negative declaratory action to establish that they are not in debt. The action is based on the claim that the debt relationship never arose, has ended, or does not exist in the amount alleged.
Action filed before enforcement proceedings
If proceedings have not yet been initiated, the court hearing the negative declaratory action may issue an interim injunction staying the enforcement proceedings against security of no less than fifteen percent of the claim. Since no proceedings exist yet, this injunction stays any proceedings initiated later.
Action filed after enforcement proceedings
As a rule, a negative declaratory action filed after the proceedings have begun does not halt them. The debtor may only request an injunction preventing the money paid into the enforcement office's cashier from being released to the creditor. In that case too, the debtor must provide security of no less than fifteen percent. If the debt has been paid, the case automatically turns into an action for recovery of undue payment, and the return of the amount paid is requested.
Burden of proof
The burden of proof in a negative declaratory action follows the general rule. The creditor proves that the claim arose, and the debtor proves that the debt was paid or extinguished. If the claim is based on a written instrument, a debtor who asserts that the instrument was issued without consideration must prove this with written evidence.
Bad faith compensation
If the case is decided in favor of the debtor and the creditor is found to have acted unjustly and in bad faith in the proceedings, the creditor is ordered to pay compensation of no less than twenty percent of the claim. If the case is decided against the debtor and the creditor has suffered a loss because the proceedings were stayed, the debtor pays compensation at the same rate. Because of this two-way risk, the action should not be filed without concrete supporting documents.