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I want to proceed with a lawsuit for confirmation of non-existence of debt; please tell me how.

I did borrow money from an acquaintance 13 years ago, but I understand that, as the extinctive prescription of the claim has already been completed, there is no reason to repay it. But now, after all this time, they have sent certified mail demanding repayment and are pressing me; do I need to repay this? For now, I am ignoring all of the acquaintance's contact. Attorney for claims and debts, I want to proceed with a lawsuit for confirmation of non-existence of debt; could you tell me the requirements and the method?

Lawsuit for confirmation of non-existence of debt

Answer to Related Inquiry

Author: 정찬우

Hello. I am an attorney for claims and debts.

It appears that you are bewildered because the creditor has suddenly demanded repayment.

A lawsuit for confirmation of non-existence of debt is, a civil lawsuit filed by a debtor to have the court confirm that the debt asserted by the creditor does not actually exist.

Representative situations in which such a lawsuit is needed are as follows.

① Where performance of the debt is demanded even though the extinctive prescription of the claim has been completed

② Where repayment is demanded again even though repayment has already been completed

③ Where a debt is asserted based on a contract that is void or has been rescinded

The requirements for the lawsuit to be established are as follows.

First, the debt must actually not exist, and

Second, the other party must be asserting the existence of that debt or demanding its performance.

The litigation procedure is as follows.

① The debtor files the lawsuit by submitting a complaint to the court

② The plaintiff asserts that the debt does not exist, and the defendant asserts the existence of the debt

③ The court examines both parties' evidence and renders a judgment

Meanwhile, the extinctive prescription of a claim means a system whereby a claim is legally extinguished if the creditor does not exercise the right for a certain period.

For example, an extinctive prescription of 10 years applies to ordinary civil claims, 5 years to commercial claims, and 1 to 3 years to short-term claims.

If the creditor has not made a claim for a long period, the debtor can file a lawsuit for confirmation of non-existence of debt on the ground of the completion of the extinctive prescription, and through this can prevent bearing an unjust debt.

Therefore, where there is a legal dispute or uncertainty in a claim relationship, it is important to obtain a clear legal determination through a lawsuit for confirmation of non-existence of debt.