The word “reclaim” literally means to give back. The lawsuit for recovery is the lawsuit filed by the person who pays the enforcement debt under the threat of forced execution, although he is not a debtor, to recover it from the person who appears as a creditor in the proceedings. If no collateral is deposited in the negative determination case and no precautionary measure is requested, and therefore the money is transferred from the execution cashier to the creditor account, the negative determination case will continue as a case of reclamation. The person filing the recovery action must prove that he/she is not actually obliged to pay the money he/she paid.
What are the Conditions of the Recovery Case?
- A debt that is not owed must be paid. This debt may have been paid by the debtor or by a third party. However, if the debt has been paid even though the debt has expired, it cannot be recovered by the reclamation lawsuit.
- The money must have been paid during the enforcement proceedings. If it was paid before the enforcement proceedings started, it cannot be recovered with a reclamation lawsuit.
- The money paid must have been paid under the threat of execution.
Statute of Limitations in Recovery Case
The recovery action must be filed within 1 year after the debt is paid. This period is the forfeiture period. If the lawsuit is not filed within 1 year, the right to file a lawsuit falls. According to the Enforcement and Bankruptcy Law,“A person who is obliged to pay a money that he does not owe due to the fact that he has not objected to the proceedings or his objection has been removed may apply to the court in accordance with the general provisionswithin one year from the date of payment and request the recovery of the money.”
Competent and Authorised Court in Recovery Case
The court in charge of the reclamation case is not the execution courts, but the general competent courts. The competent court is the court where the execution proceeding is located or the court of the defendant’s domicile. If there is a valid authorisation document issued between the parties, the court of the place specified in the document is also competent.