In short
An interim measure in a negative declaratory action is a request, in an action for a declaration that one is not the debtor, that the enforcement proceedings be stayed for the time being. The statement of claim does not by itself stop the attachment and the sale. The interim measure asks for a separate request and, in most cases, security. The court does not give the same decision in every file. There is no promise of a grant or a refusal.
Why the action and the interim measure are separated
A negative declaratory action is the debtor saying in court that he or she is not liable for that claim. The definition of the action is in the negative declaratory action. This article does not repeat the opening of the action. The question here is whether the proceedings stop when the action is filed.
The proceedings may go on to attachment and sale while the action continues. If the sale takes place, the money may be paid to the creditor. Taking it back is left to the result of the action and to separate conditions. For that reason the debtor asks for an interim measure before the sale. It is not said, without an interim measure being asked for, that "I filed the action, so enforcement stops."
In enforcement without a judgment, the time for an objection may have been missed, or the objection may have remained without effect. In enforcement on a judgment there is no classic route of objecting to a payment order. The interim measure is discussed on both routes in order to limit the harm of the proceedings. Which route one is on is read from the payment order or from the enforcement order.
How the request is written
The request for an interim measure writes the file number of the enforcement file that is wanted to be stayed, the office, and which step one wants stopped. A sentence that says "all enforcement steps" can mix up attachment, sale and preservation. It is shown which step creates an imminent danger. If the sale day is fixed, the day stands in the petition. If the day is not fixed, the last step in the file is written.
The request may be made inside the negative declaratory action, or separately in the manner the statute indicates. The form changes with the kind of enforcement in hand. This article does not give a single petition template. If the court finds the request incomplete, it may have it completed or it may refuse it. Completing a gap does not extend the period by itself.
When the order comes out, it is sent to the enforcement office. An order that has not reached the office does not stop the step at the cashier. A service annotation or an official-letter annotation is looked for. Oral information that "it came out of the court" does not stand in for the office record.
Security
The interim measure may be tied to security in order to cover the creditor's loss. The kind of security may be cash, a bank letter of guarantee, or another assurance the court accepts. The kind and the rate are written in the court's order. The rate is not fixed in this article. If the rate written in the order and a memorised rate conflict, the order is taken as the basis.
If the security is not deposited, the interim measure does not operate. The deposit slip or the letter enters the file. The date of entry is read for the day the interim measure actually started. Security that was not deposited in time does not mean that the order was applied by itself.
The security is directed at the loss the debtor who loses the action may cause the creditor. If the action is upheld, the fate of the security is discussed according to the decision. Upholding is not a promise that the security will return to the debtor in every case. The operative part of the decision is read.
If the interim measure is refused
A refusal does not cause the negative declaratory action to fall by itself. The action may continue on the merits. The proceedings continue as well. An interim measure that was refused may be discussed again with a new request. A repeat does not mean it will be granted every time. The new request should cure the gap in the reasons for the earlier refusal.
An action for recovery filed after a payment has been made is not an alternative to the interim measure. Recovery is aimed at taking back the money that was paid. The interim measure aims at staying proceedings that have not yet been paid, or that are going to sale. The wrong door can catch the time. Which money was paid is read from the slip.
In enforcement on a judgment, a stay of enforcement is a separate route as well. That route should not be treated as the same petition as the interim measure in a negative declaratory action. Whether the judgment has become final is understood from the annotation in the file.
What is looked at in the interim measure
The negative declaratory action runs in a court, and the proceedings run in an enforcement office. The two do not have to be the same building. If the proceedings are in an office in Ankara, the official letter goes to that office. If the action was filed in another province, the order must reach the Ankara office separately. An office being in Çankaya does not by itself make either the court or the office competent. Counsel in Ankara first asks for the file numbers of the two files.
This article separates the statement of claim from the interim order. If there is a request in the petition, that is not the order. If the order writes security, the slip is looked for. If there is a slip, the enforcement office's annotation that "the step was stayed" is looked for. If there is no annotation, the sale day is not treated as stayed. If the sale notice and the interim order fall in the same week, it is also asked separately whether the notice was taken down.
The creditor's side follows the same sequence. It does not assume that it postponed the sale before the interim measure arrived. If the order and the security are complete, continuing the sale creates a risk of a step contrary to the order. A writing that arrives with incomplete security does not cause the sale to fall by itself.
If the interim order comes out while the sale notice is posted, a writing from the office that the notice was taken down is asked for separately. The order standing in the court file does not cause the notice to fall by itself. If the auction day has passed, the auction minute is read. If the auction has taken place, the interim measure no longer prevents the sale. At that stage it is looked at whether the money was paid, and whether setting aside the auction is discussed separately. Setting aside is not a copy of the interim measure in the negative declaratory action.
If the creditor sees that the security was not deposited, the creditor does not postpone the sale. If the creditor sees that it was deposited, the creditor does not continue the sale without writing to the office to ask whether the step has stopped. Both sides wait for the same annotation and, if there is one, the minute of the security. The date of the annotation shows which step stopped. An attachment before the annotation is not treated as lifted by itself. If the lifting of the attachment is written expressly in the order, that operative part is applied.
Conclusion
An interim measure in a negative declaratory action is not an automatic result of the action. It requires a separate request, in most cases security, and an order that has reached the enforcement office. A refusal does not cause the action to fall. There is no promise of a result. The frame is on the enforcement and bankruptcy law page. The basis is Enforcement and Bankruptcy Code No. 2004 and the procedural rules on interim measures. A result of the interim measure is not stated without the court file.