Determining Non-Debt Due to a Check: How to File a Negative Declaratory Action?

What is a Negative Declaratory Action?

The fact that the person holding the check initiates debt collection proceedings does not, in every case, mean that the amount written on the check is actually owed.

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• Given without any debt arising,
• arranged for security purposes,
• The debt against the check has been paid previously
• The signature on the check was forged
• filled in contrary to the agreement,
• given due to a contract that did not materialize

it could be.

In this situation, the person listed as the debtor on the check can argue that they are not actually liable for the amount.

negative declaratory judgment lawsuitis a lawsuit in which a person seeks a court to determine that a specific debt does not exist.

According to Article 72 of the Enforcement and Bankruptcy Law, a debtor may file a negative declaratory action before or during enforcement proceedings to establish that they are not indebted.

In negative declaratory judgment cases brought due to bounced checks, the fundamental question is usually this:

"My signature is on the check, but do I really owe this money?"

The answer to this question depends on why the check was issued, who possesses it, the commercial relationship between the parties, and the nature of the objection raised.

Does the presence of a check necessarily mean that a debt definitely exists?

A check is a powerful means of payment. Therefore, a holder of a valid check has significant legal options. However, the existence of a check does not mean that the debtor cannot raise any defense.

For example, a company might have issued a check worth 2,000,000 TL to another company to purchase machinery, but the seller may never have delivered the machines.

Alternatively, a check may have been delivered solely as security for a contract between the parties, but may have been put into collection proceedings before the conditions requiring the security to be converted into cash were met.

In such cases, an examination of the underlying legal relationship of becomes necessary.

However, there is an important distinction here:

The defenses that can be raised if the check is still in the possession of the person to whom it was originally issued differ from the defenses that can be raised if the check has fallen into the hands of a bona fide third party.

Under what circumstances can a negative declaratory action be filed due to a bounced check?

There can be many different legal grounds for determining that no debt is owed due to a check.

The most common situations encountered in practice are as follows:

• the signature on the check not belonging to the debtor,
• falsifying the check
• the check becoming worthless,
• Failure to provide goods or services in exchange for a check,
• the debt having been paid previously,
• the check was issued solely for security purposes,
• The conditions for converting the collateral into cash have not been met
• filling out the check contrary to the agreement,
• loss of the check without consent
• the check amount was paid by another method,
• the check is based on an invalid legal relationship,
• Statute of limitations for exchange transaction liability.

However, the method of proving each claim and its applicability against a pregnant woman are different.

If a check has bounced, can a negative declaratory judgment lawsuit be filed?

The term "lack of consideration"is used to mean that the underlying relationship that gave rise to the issuance of the check did not occur or subsequently ceased to exist.

For example;

Let's say company A has agreed to purchase products worth 3,000,000 TL from company B and has issued a check for payment.

If company B fails to deliver the products, company A;

"I gave the check in exchange for delivery of goods, but the goods were never delivered," he could say, claiming the check was worthless.

In this case, a request can be made to determine that the individual is not indebted due to the check. However, proof of non-consideration is extremely important in such claims.

In the practice of the Supreme Court of Turkey, due to the nature of checks as a means of payment and the characteristics of negotiable instruments, claims of lack of consideration must be substantiated with concrete evidence. Contracts, invoices, bank records, commercial ledgers, delivery documents, emails, and correspondence between the parties can be important in this regard.

If a check has been endorsed to a third party, can a claim of lack of consideration be made?

At this point, one of the most important rules of commercial law comes into play.

Many of the defenses arising from the person who issued the check and the person who received it are personal defenses.

For example;

"The goods were not delivered."

"I've already paid my debt."

"The check was merely collateral for another contract."

Such defenses often stem from the underlying relationship between the parties.

According to Article 687 of the Turkish Commercial Code, to which Article 818 refers, such personal defenses generally cannot be raised against the holder who subsequently acquires the check through endorsement. The important exception to this is when the holder knowingly acted to the detriment of the debtor when acquiring the check.

Therefore, in a negative declaratory judgment lawsuit, only:

Saying "The check was actually worthless" may not be sufficient in some situations

Can a negative declaratory judgment lawsuit be filed due to a security check?

One of the most contentious issues in commercial life checks as collateral . A check may be issued to secure the fulfillment of an obligation under a contract.

For example, a contractor might have delivered a check for 5,000,000 TL to the other party as a guarantee that they will fulfill their obligations under the contract.

However, if the check is still put into collection despite the contractor having fulfilled all their obligations, a negative declaratory judgment lawsuit may arise.

Providing proof that this check was issued as collateral is crucial.

The mere presence or absence of the phrase "this is a security check" on the check may not resolve the entire dispute.

Between the parties;

• agreement,
• protocol,
• check delivery receipt,
• email correspondence,
• WhatsApp conversations,
• commercial ledgers,
• accounting records

They should be evaluated together.

In the practice of the Supreme Court, it is observed that the claim that the check was given as collateral is examined according to the specific characteristics of the dispute and the evidence.

What happens if the signature on the check is forged?

One of the reasons for negative declaratory actions arising from checks is signature forgery.

For example, a company's check might have been stolen, and the company official's signature might have been forged to create a new check.

In this case, the company;

"The checking account may belong to us, but the signature on the check does not belong to a company official."

By saying this, they can request a determination that they are not indebted.

A forged signature differs from ordinary self-defense arising from an underlying relationship. Due to the principle of the independence of signatures, a person cannot be held liable through a forged signature.

The Court of Cassation's decisions also acknowledge that claims of forged signatures can be the subject of negative declaratory judgments. For example, in the decision of the 19th Civil Chamber of the Court of Cassation dated June 22, 2020, 2019/3553 E., 2020/1159 K., a negative declaratory judgment dispute based on the claim that the signature on the check did not belong to the plaintiff was examined.

Court proceedings in 2026 show that negative declaratory judgment cases based on allegations of forged signatures on checks are still being heard.

What can be done if a check is still put into collection even though the debt has been paid?

A check may have been issued for a debt, but the debt may have been paid later using a method other than a check.

For example, a check may have been issued for a debt of 1,000,000 TL, and later, upon agreement between the parties, the debt may have been paid via bank transfer, but the check may not have been returned.

If the check is subsequently put into collection, then the collection of the same debt for a second time becomes a possibility.

In this situation;

• bank statements,
• payment statements,
• current account records,
• Correspondence between the parties,
• payment protocol

It is possible to prove that the debt has been extinguished.

However, if the check has been endorsed to a third party, the rules of commercial law regarding the raising of personal defenses against the holder must be evaluated separately.

Can a negative declaratory judgment lawsuit be filed before enforcement proceedings begin?

A debtor can file a lawsuit to determine that they are not indebted due to a check, even before any enforcement proceedings have been initiated against them.

According to Article 72 of the Enforcement and Bankruptcy Law, if a negative declaratory action has been filed before the enforcement proceedings , the court may, upon the debtor's request and provided that a security deposit of not less than 15% of the claim is given, issue a provisional injunction to suspend the enforcement proceedings.

Therefore, if it is clearly understood that the check is likely to be unfairly pursued, timely action can be important.

If a negative declaratory judgment lawsuit is filed after enforcement proceedings have begun, will the proceedings be stopped?

No, it doesn't stop automatically. This is one of the most misunderstood aspects of the process.

In a negative declaratory judgment lawsuit filed after enforcement proceedings have begun, the court, as a rule, cannot decide to completely halt the enforcement proceedings through a preliminary injunction.

However, according to Article 72 of the Enforcement and Bankruptcy Law, the debtor may request that the money deposited into the enforcement office not be paid to the creditor by providing security amounting to at least 15% of the debt

These two situations are different.

If a lawsuit is filed before the investigation begins:

It may be possible to stop the pursuit under certain conditions.

If a lawsuit is filed after the investigation:

As a rule, the enforcement proceedings do not stop; however, measures can be taken to prevent the money in the enforcement file from being paid to the creditor.

Therefore, timing is extremely important in disputes where there is a possibility of enforcement proceedings regarding a check.

What happens if enforcement proceedings are initiated during mediation?

The amendment made in 2023 introduced an important exception to this rule.

If enforcement proceedings are initiated against the applicant regarding the subject of the dispute while the mandatory mediation process is ongoing, and if a negative declaratory action is filed and a precautionary measure is requested within two weeks, it is possible to apply the precautionary measure mechanism stipulated in Article 72/2 of the Enforcement and Bankruptcy Law for negative declaratory actions filed before enforcement proceedings.

This regulation is particularly important in check disputes.

Is mediation mandatory in a negative declaratory judgment lawsuit arising from a bounced check?

This point must be checked in commercial check disputes.

As of September 1, 2023, in negative declaratory and restitution lawsuits concerning a monetary amount under Article 5/A of the Turkish Commercial Code, recourse to mediation before filing a lawsuit has become a prerequisite.

The Turkish Bar Association also states that following Law No. 7445, commercial negative declaratory judgment cases have been included within the scope of mandatory mediation as of September 1, 2023.

Therefore, filing a lawsuit directly in a commercial check dispute without resorting to mandatory mediation may lead to the dismissal of the case on procedural grounds due to the lack of a prerequisite for filing a lawsuit.

In which court is a negative declaratory judgment lawsuit filed?

Since disputes arising from checks are generally considered commercial cases, the competent court is the Commercial Court of First Instance.

Article 72 of the Enforcement and Bankruptcy Law also states that negative declaratory and restitution lawsuits;

• in the court of the place where the enforcement proceedings are carried out or
• in the court of the defendant's place of residence

It has been arranged so that it can be opened.

However, if the specific case involves an underlying relationship or special authorization arrangement other than a check, the duties and powers must be evaluated separately.

In a negative declaratory judgment lawsuit, who bears the burden of proof?

In a negative declaratory judgment lawsuit, the burden of proof can vary depending on the nature of the dispute. In most cases, the party who acknowledges their signature on the check but it is without consideration must prove this claim.

Because a check is, as a rule, a means of payment.

For example;

"this check was issued for the delivery of goods, but the goods were not delivered," this may need to be proven with contracts, commercial records, correspondence, or other evidence.

Conversely, the creditor's explicit admissions regarding the existence of the underlying debt relationship or the reason for issuing the check may alter the assessment of the burden of proof.

the Supreme Court's 11th Civil Chamber's 2025/2758 E., 2025/7524 K. , the issue of the check being without consideration and whether an underlying relationship existed between the parties were evaluated in terms of negative determination.

Does the debt cease if the check has expired due to the statute of limitations?

The statute of limitations for checks is also an important issue that needs to be considered.

According to Article 814 of the Turkish Commercial Code, the holder;

• to the endorsers,
• to the organizer and
• to other check debtors

The right to appeal against a counter-check expires after three years from the date of presentation

However, the expiration of the statute of limitations for enforcement proceedings arising from commercial law regarding a check does not, in any case, mean that the underlying debt relationship has completely ended.

If an underlying relationship exists between the parties, it should also be examined whether the creditor can rely on other legal grounds, such as a contract or unjust enrichment.

Indeed, the Supreme Court acknowledges that different outcomes can be reached in cases of checks that are not presented on time or that lose their negotiability, depending on the underlying relationship between the parties.

What happens to enforcement proceedings if a negative declaratory judgment lawsuit is won?

According to Article 72 of the Enforcement and Bankruptcy Law, if the lawsuit is decided in favor of the debtor, the enforcement proceedings are immediately suspended.

Once the decision becomes final, enforcement proceedings are partially or completely reinstated, depending on the scope of the decision.

Therefore, the court;

"The plaintiff is not indebted to the defendant due to the check in question."

If the court rules in this way, the legal basis for enforcement proceedings based on the check is eliminated.

What happens if a debt is paid while a negative declaratory judgment lawsuit is ongoing?

Sometimes indebted;

• to prevent the sale of their goods,
• to lift the lien on bank accounts,
• to prevent damage to commercial activity

For this purpose, they may be obligated to pay the debt in the enforcement file while the lawsuit is ongoing.

Article 72 of the Enforcement and Bankruptcy Law also regulates this possibility.

If the debt is paid while the negative declaratory judgment lawsuit is ongoing, the lawsuit transforms into a restitution lawsuit.

Now, the court is not only asked to determine that the debtor does not owe money, but also to recover the money already paid.

Does a creditor who pursues fraudulent check collection have to pay compensation?

Under certain conditions, yes.

If a negative declaratory judgment lawsuit is decided in favor of the debtor, and it is determined that the enforcement proceedings that compelled the debtor to file the lawsuit were unfair and malicious, the creditor may be ordered to pay compensation upon the debtor's request

According to Article 72 of the Enforcement and Bankruptcy Law, this compensation cannot be less than 20% of the claim that is determined to be unjustified .

However, it is not enough for the pursuit to simply be deemed unjustified here.

It must also be demonstrated that the creditor acted in bad faith

For example, the creditor;

• He clearly knew that the debt had been paid
• He knew the check was fake,
• he knew the check was not based on any debt

If they have initiated debt collection proceedings under these circumstances, a dispute over bad faith may arise.

The Supreme Court also distinguishes between wrongful enforcement proceedings and malicious enforcement proceedings; it accepts that the mere fact that the case is decided in favor of the debtor does not automatically give rise to compensation.

What documents should be gathered before filing a negative declaratory action due to a bounced check?

In check disputes, the outcome of the case is often determined by the documents presented by both parties.

The following documents are particularly important:

• Image of the front and back of the check,
• enforcement file
• payment order,
• The contract that gave rise to the issuance of the check,
• invoices,
• shipping and delivery documents,
• bank statements,
• current account statements,
• commercial ledgers and accounting records,
• check delivery receipts,
• protocols,
• WhatsApp and email correspondence,
• Documents showing that the check serves as collateral
• If there is a signature forgery, comparison signatures are required
• Criminal investigation documents, if any.

Especially if enforcement proceedings have begun, it is important to review the file quickly. This is because in enforcement proceedings specific to negotiable instruments, the time limits for objections and complaints related to enforcement law can be quite short.

Conclusion: Finding a check doesn't always mean you owe money

While checks are a powerful means of payment in commercial life, the mere presence of a person's name and signature does not automatically mean that the person is obligated to pay the check amount.

Czech;

• prepared with a forged signature,
• left without a price,
• given solely for security purposes,
• The debt has been paid but not refunded
• filled out in violation of the agreement or
• given for a business transaction that never took place

it could be.

In these cases, a negative declaratory judgment lawsuit to determine that no debt is owed due to the check .

However, in check law, the defenses available to the debtor vary significantly depending on whether the check is still in the possession of the original creditor or has been transferred to a third party through endorsement.

In particular, claims of lack of consideration and security can be personal defenses, making it difficult to raise these defenses if the check has fallen into the hands of a bona fide third party. Conversely, absolute defenses, such as forged signatures, are subject to different legal consequences.

Furthermore, filing a lawsuit before or after enforcement proceedings has significant consequences in terms of precautionary measures. While it is possible to halt enforcement proceedings under certain conditions before they begin, once they have started, as a rule, only a request to prevent the payment of money in the enforcement office's account to the creditor can be made.

Therefore, it is important for individuals who face the threat of debt collection proceedings due to a check, even though they are not indebted, to act by considering the legal nature of the check, the underlying debt relationship, the chain of endorsements, the payment documents, and the enforcement file together.