Q
I want to proceed with a debt non-existence confirmation lawsuit, please tell me how.
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Could you check if I can file a constitutional complaint? I believe the administrative disposition I recently received violates the Constitution. I heard I can file a constitutional complaint in this situation — exactly in what cases can a constitutional complaint be filed? Please quickly tell me what conditions must be met.
debt non-existence confirmation lawsuit
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Hello. This is the credit-debt attorney.
It seems you are confused because the creditor suddenly demanded repayment.
A debt non-existence confirmation lawsuit is a civil lawsuit filed by the debtor to receive court confirmation that the debt claimed by the creditor does not actually exist.
Typical situations requiring such lawsuits are as follows.
① When debt fulfillment is demanded even though the statute of limitations has expired
② When repayment has already been completed but repayment is demanded again
③ When debt is claimed based on a void or canceled contract
Lawsuit establishment requirements are as follows.
First, the debt must not actually exist, and
Second, the other party must be claiming the existence of the debt or demanding fulfillment.
Lawsuit procedures are as follows.
① The debtor files a complaint with the court to initiate the lawsuit
② The plaintiff claims the debt does not exist, while the defendant claims the debt exists
③ The court reviews evidence from both sides and renders a judgment
Meanwhile, the statute of limitations on claims refers to the system in which a creditor's claim is legally extinguished if they do not exercise their rights for a certain period.
For example, general civil claims have a 10-year statute of limitations, commercial claims have 5 years, and short-term claims have 1-3 years.
If the creditor has not made claims for a long time, the debtor can file a debt non-existence confirmation lawsuit citing the completion of the statute of limitations, which can prevent unjust debt burdens.
Therefore, when there are legal disputes or uncertainties in claim relationships, it is important to obtain a clear legal judgment through a debt non-existence confirmation lawsuit.
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