In short
The security deposited for a negative declaratory action is not asked back at the moment the interim-measure decision comes out. Return is spoken of when it is looked at how the action ended and which cashier the money entered. A judgment that becomes final in favour of the debtor may open the door of return. Dismissal of the action does not cut the same slip. How the interim measure is asked for is in the writing an interim measure in a negative declaratory action. This text does not build that request.
With which paper the exit is read
Exit from the cashier is read when three papers stand side by side. The first is the document of entry of the security. The document shows the authority, the date and the type. The second is the operative part of the judgment. The third, if the operative part does not write the return before it becomes final, is the annotation of becoming final. When there is no annotation, and when there is no early return in the operative part, the cashier is not treated as having been opened.
The document of entry separates the court cashiers from the enforcement cashiers. If the petition is written to the wrong authority, the money does not come out of the other cashier. If there is no name of the authority on the document, a name is not invented. If there is a record of both the court cashier and the enforcement cashier in the same file, which cashier it entered is read from the heading of the slip. If there is no heading, the two cashiers are not accepted as the same. What the action is is in the writing the negative declaratory action. This text does not define the action again.
The amount on the document of entry is not changed while it is carried into the petition of return. An amount written in excess or short does not correct the slip by itself. If the correction appears by a cashier record or a court writing, that writing is read. If there is no writing, a round amount in the petition is not taken as the basis. If there is more than one entry, each entry stands with its own slip. A total is not built before the slips are placed side by side.
A judgment in favour is not the same slip as dismissal
A judgment built in favour of the debtor writes that they are not a debtor. This sentence does not mean that the security returned to the debtor at that moment. If the operative part writes the return openly, the cashier reads that operative part. If the operative part writes only the declaration, the return is asked for separately with the annotation of becoming final and the document of entry. Before the annotation comes, an exit is not assumed. A sentence in the reasoning that a return would be fitting, if it is not in the operative part, is not an order to the cashier.
If the action ends in favour of the creditor, the basis of the interim measure is read from the operative part. If the operative part writes that the interim measure came off, that line is taken as the basis. If the operative part does not write it, coming off is not assumed. The security may be the subject of the creditor's claim of damage. A decision of dismissal does not cause the whole of the amount on the document of entry to be treated as having passed to the creditor. If the damage is written in the operative part, that line is read. If there is no line, the security is not accepted as having passed to the creditor. If the remaining amount is not in the operative part, this text does not produce a remainder.
Partial acceptance and partial dismissal do not pass the whole security to one side with a single slip. Which part ended in favour and which part ended against is separated from the text of the operative part. An operative part that is not separated is not read as the whole of the security having been returned. An appeal, or another legal remedy, may have erased the annotation. Whether the annotation stands is read from the record on the judgment. If there is no record, it is not assumed that the remedy closed or that the remedy is open.
Settlement, withdrawal and lack of jurisdiction
A settlement or a withdrawal is not a judgment of declaration in favour. If the text does not write to whom it left the security, the cashier does not count the settlement or the withdrawal as a slip of return. If the settlement writes that the money will be left to the creditor, that sentence is read. If the writing does not change the type on the document of entry, cash does not come out as a letter. If the writing of withdrawal only withdraws from the action, the security is not treated as having passed to the other side by itself.
A decision of lack of jurisdiction or of lack of competence is not a judgment that the debt exists. This decision does not cause the security to be treated as having passed to the creditor. The file being sent to another court does not mean that the money passed by itself to that court's cashier. If there is no writing of sending and no new slip of entry, the old cashier is still the place of the entry. The action being treated as not opened is not a judgment of dismissal either. Being treated as not opened does not have the security written to the creditor. The return, if it stands openly in this decision or in a later writing, is read. If it does not stand, an exit is not assumed.
Taking the petition back is not an operative part of a judgment. If the minute of taking it back does not mention the security, the cashier is not opened. If it mentions it, the minute is read side by side with the document of entry. If the person in the minute is different from the person who deposited, the return does not come out to that different person by itself.
When the interim measure comes off, the cashier does not open
The lifting of the interim measure, or the narrowing of its scope, does not cut the cashier's slip. While the merits continue, the security may stand in the file. If a return is asked for before the merits end, a decision that writes this is looked for. If there is no decision, a return is not assumed. Erasure of the annotation of the step at the enforcement office does not open the court cashier either. Erasure of the annotation is not the slip that the money returned to the debtor.
If the interim measure was never accepted, the money that was deposited is not read as the security of an interim measure that was accepted. If the money stands in the cashier upon a request that was refused, the exit is spoken of with the document that writes that money back. If there is no document, the refusal is not counted as a slip of return by itself. The deposit standing as a condition of the interim measure is under the heading an interim measure in a negative declaratory action. This text does not recount that condition again. If there is an entry and no exit, the document that is read is the slip of exit. If there is no slip, the security is not treated as having been given back.
If the interim measure was narrowed, the part that was narrowed and the part that stands in the file do not mix. If the decision writes which amount will be released, that amount is read. If it does not write it, the narrowing is not counted as a return of the whole security. Even if the attachment in the enforcement file has come off, the money in the court cashier does not come out by the attachment coming off. The records of the two places are separate.
Cash, a letter, and a deposit by someone else
Cash comes out of the cashier on the document of entry. A bank letter of guarantee is not the cash in the cashier. The return is read from the writing that releases the letter. The maturity on the letter is not the court's decision of return. When the maturity runs out, the bank record and the court record may fall separately. Even if the bank writes that it returned the letter, if there is no court writing, the security in the file may not be treated as having come off. If the two writings conflict, the conflict is not hidden.
A security shown by a valuable or by a pledge comes out by the release of that record. If there is no writing of release, the valuable is not treated as having been released. A blocked account is not a slip of entry of cash. The lifting of the block, if the bank writing and the court writing stand side by side, is read. If one is absent, the other does not stand in for it. A security shown in foreign currency or in the kind of a valuable is not converted into another unit in the request. The conversion is not made if there is no record written in the document.
If the person who deposited on the receipt is someone else, the return does not come out in the debtor's name by itself. The line of the depositor is read. Before the line is read, the debtor does not count someone else's letter as their own money. If there is an internal relation between the depositor and the debtor, that relation does not change the cashier's slip. The cashier does not resolve the internal relation like a judgment. If the line is empty, the depositor is not invented. A sentence of return opened with an empty line has not rested on the document of entry.
Money paid to the creditor is another door
If the money was paid to the creditor, the subject is not the return of the security. It is asking back the money that was paid. That door is in the writing an action for restitution. This text does not name money that has passed into the creditor's hands as a slip of security. If there is a collection as well while the security stands in the cashier, the two sums of money do not mix. The slip of collection does not stand in for the entry of the security. The slip of entry does not bring the collection back either.
If the creditor wants their damage covered from the security, an operative part or an enforcement record that writes this is looked for. If there is no record, the security is not set off by itself as an amount of damage. The amount of the claim of damage is not in this text. If the amount is not in the operative part, it is not produced. If a partial set-off is written, the remainder is read from the line in the operative part. If there is no line, the remainder is not calculated.
The petition of return is not a copy of the request for an interim measure. The petition must show the document of entry, the operative part and, if there is one, the annotation. A petition that does not show them is not treated as having opened the cashier. The cashier does not complete these gaps by itself. If there is more than one security, each entry asks for its own exit. If one was returned, the other is not treated as having been returned as well. If the slip of exit does not write which entry it was tied to, the tie is not guessed from the file number. If the security the attorney deposited will come out in the client's name, a line that writes this is looked for. If there is no line, the attorney's cashier and the client's cashier are not joined. A return of a court fee is not a copy of the return of the security. If the fee slip is separate, it is not added to the slip of the security. A single total that was added is not treated as having closed both items.
Conclusion
Return of the security is not a repetition of the request for an interim measure. The exit is read with the document of entry, the operative part of the judgment and, if it is needed, the annotation of becoming final. Dismissal does not cut the same slip as an annotation in favour. A settlement, a withdrawal and a lack of jurisdiction, if they are silent, are not a slip of return. A letter is not put in the place of cash. Money paid to the creditor is not a return of the security. The frame stands on the page enforcement and bankruptcy. The basis is the text of Enforcement and Bankruptcy Law No. 2004. If the document of entry and the operative part are in hand, they may be read separately by the contact path.